SAT Ex Service-Others But Not To Applicant

In the document as attached above the staute holding sheer importance is "State Administrative Tribunal Act, 1985" and holds pertinence

The contents are:-

Respectfully Sheweth

Particulars of the Applicant :

As given in the Memo of Parties

Particulars of the Responden

As given in the Memo of Parties

Particulars of orders against which this application is made :

That the applicant is directing this application against the inaction of the respondents in not granting the benefits to the applicant under the Rules though the same have been granted to similarly situated persons in pursuance to the judgment of this Hon'ble Tribunal in catena of cases.

Jurisdiction of Tribunal :

That the applicant declares that the subject matter of this application is within the jurisdiction of this Hon'ble Tribunal and it is competent to issue the directions to the respondents for full compliance.

Limitation :

That the applicant further declares that the application is within the limitation period as prescribed in Section 21 of the Administrative Tribunals Act 1985

Facts of the Case

That the applicant joined Indian Army on _____ and was released from the Army on _____, by which time the applicant has completed _____ years of service. The applicant is an ex-serviceman and entitled for all the benefits as are applicable to ex-servicemen in the State of HP

That during the Army service, the applicant participated in the Wars during the period

That the applicant joined civil service in the respondent department as a _______, against reserved post for Ex-Serviceman on _____ and ever since the applicant has been discharging his duties to the entire satisfaction of his superiors.

GROUNDS

That feeling aggrieved by such an arbitrary, malafide, discriminatory and illegal actions of the respondents, the applicant seeks the indulgence of this Hon'ble Tribunal on the following

grounds amongst others which may be taken at the time of arguments, each one of which is without prejudice to and independent of others :-

That the impugned inaction of the respondent is arbitrary, malafide, illegal, ultra vires, against the Articles 14 and 16 of the Constitution of India, dehors the rules and regulations and against the natural justice

That the classification of released Ex-serviceman on the basis of pre-62 and Post-62 is unreasonable, arbitrary, discriminatory and violative of Article 14 and 16 of the Constitution of India and is thus liable to be struck down as unconstitutional. Moreover, the similarly situated persons have been granted benefits and the same have not been granted to the applicant.

That the respondent department has created distinction between the Ex-serviceman which is not based on any intelligible differentia which can distinguish an Ex-serviceman grouped together for the purpose of extending benefits under the Rules and has no nexus with the object sought to be achieved by these Rules; i.e.; to compensate the former defence personnel for their lost opportunity because of their joining the Armed Forces to serve the nation.

That the impugned classification creates fictional and irrational bar to derive the benefits under the Rules and the differentia on which the classification is founded is lacking in rational relation to the object sought to be achieved by the Rules. The impugned classification does not sub-serve the purpose and object sought to be achieved

That it is settled law that the denial of entitled pay fixation and seniority is a recurring injury, therefore, the applicant could not have been denied the benefits under the Rules

) That the respondents are estopped due to their own act, deeds and conduct. The principle of the Promissory Estopple applies against the respondents.

That the impugned inaction is against the well-settled principles of the law as laid down by the Hon'ble Supreme Court and this Hon'ble Tribunal in catena of cases.

That the applicant, therefore, prays that your Lordship be pleased to issue an appropriate writ, orders or directions to grant the following reliefs in favour of the applicant in the interest of justice: -


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