Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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only be made applicable to personnel retiring after 01 July 87. All ex-defence
personnel who had retired prior to that date and e.g. had done only 5 years service
or had served for a continuous period of 6 months after attestation and released
for reasons other than at their own request, dismissed, discharge will continue to
be treated as Ex-servicemen.
3. Definition given in the OM of 14 April 87 therefore is to read in conjunction
with OMs of 27 Mar 87 and 27 Oct 86 which have been sent as enclosures with
OM of 14 April 97.”
7. On perusal of Annexure-A4 and A6, two things are noticed viz., the applicant has been
discharged from service prematurely as against the stipulated period and he has been discharged at his
own request before fulfilling the conditions of enrolment. Thus, he cannot claim the status of an Ex-
serviceman. Further, the Karnataka Civil Services (General Recruitment) Rules, 1977 has been
amended subsequent to the Annexures-A4 and A6 which contains the definition of “Ex-servicemen”
as already extracted hereinabove. The definition of “Ex-servicemen” contained in the Karnataka Civil
Services (General Recruitment) Rules, 1977 prevails over the Communication dated 21.8.1987
(Annexure-A6) which is only a letter.
8. In the result and for the aforesaid reason we are of the view that the applicant has failed to
satisfy himself as an “ex-serviceman” as defined in Rule 2(i) of Rules, 1989 in order to enable him to
claim the benefit of reservation. We do not find any illegality or irregularity in the selection of the 3 rd
respondent by the 2 nd respondent.
9. Accordingly, the application is dismissed.
Karnataka PSC
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