S.S. Sodhi, J.
1. A Junior Commissioned Officer granted an Honorary Commission as Officer in the Indian Army, whether during service or after retirement, is he to be deemed to be an fix-Commissioned Officer of the Armed Forces. Herein lies the controversy raised in this writ petition.
2. The point of issue has been arisen in the context of appointments to the post of Assistant District Sainik Welfare Officer. According to rule-8 of the Punjab Sainik Welfare Service Rules as also the advertisement issued by the Punjab Public Service Commission, on June 8, 1985,' annexure P. 4, one of the essential qualifications for appointment to such post is that the person concerned must be an Ex-Commissioned Officer of the Armed Forces.
3. The petitioner - Surinder Singh Sandhu served in the Army from 6th Februrary, 1962 to 30th April, 1985. On 26th January, 1985, he was granted the Honorary rank of lieutenant and after retirement on 15th August, 1985, the Honorary Rank of Captain.
4. In the other writ petition, the petitioner-Surjit Singh served in the Army from 5th April, 1968 to 31th August, 1981 and it was after his retirement that on 26th January, 1982, he was granted Hono- rary rank of lieutenant.
5. Mr. B. S. Sehgal, counsel for the petitioners sought to contend that once Commission as Officer has been granted, even though it was an Honorary Commission, the petitioners must be deemed to be Commissioned Officers and would thus fulfil the qualification of being Ex-Commissioned Officers of the Armed Forces. Reference was, in this behalf, made to Section 3 of the Army Act. 1950 (hereinafter referred to as 'the Act'), whereby clause (xii) thereof, a 'Junior Commissioned Officer' has been defined and by clause (xviii) an 'Officer'. The emphasis being on sub-clause (f); of clause (xvjii) with a view to show that an oOfficer' as defined thereunder does not include a 'Junior Commissioned Officer'. The argument thus being once an Honorary Commission has been granted to a Junior. Commissioned Officer, he comes within the definition of 'Officer in clause, (xviii) which specifically excludes Junior Commissioned Officer. In other words, a person granted Honorary Commission as Officer, cannot, thereafter be treated to be a Junior Commissioned Officer. -
6. Mr. H. S. Bedi, Advocate-General, Punjab, on his part adverted to the Defence Service Regulations framed by the Central Government under Section 192 of the Act, with pointed reference to Regulation 179, which reads as under :
'(a) The status of a J. C. O. as such is not affected by the grant to him of the honorary rank of Lieut, or Captain, nor does the Commission granting him that rank confer on him any additional powers of command.
(b) Such honorary commissioned officer will take rank according to their Junior Commissioned Officers Rank and will accordingly be junior to all officers. No promotion to or in the order of J.C.O. will be made in the place of a J. C. O. granted a commission as honorary officer.'
7. A plain reading of this regulation would show that it provides a complete answer to the point canvassed in simple and clear language it lays down that the status of Junior Commissioned officer is not affected by the grant, to him, of an Honorary Commission in the Army. This being so, he cannot be described as an Ex-Commissioned officer of the Armed Forces and it follows that neither of the petitioners fulfil the prescribed qualification for the post. No exception can thus be taken to them being held to be ineligiable for appointment. Both the writ petitions are accordingly hereby dismissed. There will, how- ever, be no order as to costs.