Radha Krishna Mishra vs State of U.P. and Another

G.B. Pattanaik J.-In this appeal, the judgment of the Allahabad High Court is under challenge and the only question that arises for consideration is whether the appellant can claim to be an ex-serviceman under the provisions of the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex-Servicemen) Act, 1993 (for short "the Act"). On the basis of the discharge certificate, the High Court has come to the conclusion that the discharge is on account of inefficiency inasmuch as the discharge certificate indicates that discharge was on educational ground. Mr Bahuguna, the learned Senior Counsel appearing for the appellant contends that this cannot be held to be a discharge on the ground of inefficiency since he was duly qualified for continuing as an Airman. But having failed in three attempts for being a Commissioned Officer he wanted to leave the job and as such it cannot be said that the discharge is on account of inefficiency. From the assertion of facts made in this appeal, it is crystal clear that the appellant had tried three times for getting the commission but having failed in all these three attempts instead of continuing as Airman he himself sought for getting discharge from service. If an employee is discharged from the service on his own request he is not entitled to the benefit of the provisions of the service under the Act. In this view of the matter, we see no infirmity with the impugned order requiring our interference. The appeal is dismissed.