1. The petitioner had, on 10.06.1982, taken voluntary discharge on compassionate grounds from his service in the Army in the cadre of Class-III, which he had joined on 28.9.1976. Thereafter he was selected as Police Sub Inspector on 08.05.1983 and joined his service as such with effect from 09.05.1983. Upon representation being made by him in the year 1992, the petitioner's service was ordered to be treated as continuous from the date he joined the Indian Army, for the purpose of pension only. Thereafter the petitioner made another representation for giving him also the benefit of seniority from the date of his joining in the Indian Army. That representation was rejected by the impugned order dated 29.3.1994 on the basis that the petitioner's service in the Army was in a lower cadre.
2. Learned counsel Mr.Joshi relied upon other cases of similar nature to argue that the petitioner was subjected to discrimination and arbitrary denial of due benefit. However, upon production of Government Resolution dated 03.08.1966 and Government Resolution dated 08.05.1975 of the Government of Gujarat, it was clear that the other cases were considered on the basis of G.R.dated 03.08.1966, which G.R. was not applicable to the case of the present petitioner and there was no direct legal support for the submission that the petitioner was, as a matter of right, entitled to consideration of his previous service under the Army. In these facts, none of the reliefs prayed in the petition could be granted. Accordingly, the petition is dismissed and Rule is discharged with no order as to costs.
(KMG Thilake) Sd/-
( D.H.Waghela, J.)