CHANDIGARH: Punjab and Haryana HC has declined to issue an order on including paramilitary officers in the ex-servicemen category, clarifying the matter falls within the realm of policy and is entirely for the state to decide.
"This court cannot decide the question of inclusion of retired officials of paramilitary forces, including CRPF, BSF, CISF, in the definition of ex-serviceman (ESM). It is a policy matter, and the state has to decide the issue," HC said in its Aug 18 order.
Justice Jagmohan Bansal passed the order while disposing of a petition filed by Makhan Singh, a resident of Fazilka in Punjab, who had applied for the post of constable (driver) in Punjab Police after retiring from CRPF and was denied appointment under ESM category. Aggrieved, he filed a petition seeking directions to state govt to appoint him as constable (driver). He said he had filed a representation before Punjab govt for inclusion of paramilitary forces in the ESM category.
He sought inclusion of paramilitary forces under ESM in view of a SC judgment of Feb 11, 1981, ( Akhilesh Prasad Vs Union Territory of Mizoram ) in which CRPF was declared an 'armed force' under the Central Reserve Police Force Act, 1949. Consequently, SC held that CRPF fell within the ambit of "Armed Forces of the Union".
After hearing petitioner, HC refused to pass any directions to include the paramilitary force under the definition of ESM but asked Punjab govt to consider his representation. "Without commenting on merits, the petition stands disposed of with the observation that the state may pass an appropriate order within six months from today."
"This court cannot decide the question of inclusion of retired officials of paramilitary forces, including CRPF, BSF, CISF, in the definition of ex-serviceman (ESM). It is a policy matter, and the state has to decide the issue," HC said in its Aug 18 order.
Justice Jagmohan Bansal passed the order while disposing of a petition filed by Makhan Singh, a resident of Fazilka in Punjab, who had applied for the post of constable (driver) in Punjab Police after retiring from CRPF and was denied appointment under ESM category. Aggrieved, he filed a petition seeking directions to state govt to appoint him as constable (driver). He said he had filed a representation before Punjab govt for inclusion of paramilitary forces in the ESM category.
He sought inclusion of paramilitary forces under ESM in view of a SC judgment of Feb 11, 1981, ( Akhilesh Prasad Vs Union Territory of Mizoram ) in which CRPF was declared an 'armed force' under the Central Reserve Police Force Act, 1949. Consequently, SC held that CRPF fell within the ambit of "Armed Forces of the Union".
After hearing petitioner, HC refused to pass any directions to include the paramilitary force under the definition of ESM but asked Punjab govt to consider his representation. "Without commenting on merits, the petition stands disposed of with the observation that the state may pass an appropriate order within six months from today."
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