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"5. So far as the personnels of G.R.E.F. are concerned, they are partly drawn from the Army and partly from the direct recruitment. Army personnel are posted in G.R.E.F. according to a deliberate and carefully planned manning policy evolved with a view to ensuring the special character of GREF as a force intended to support the Army in its operational requirements...... But quite apart from the Army personnel who form an important segment of GREF even the direct recruited personnel who do not come from the Army are subjected to strict Army discipline having regard to the special character of GREF and the highly important role it is called upon to play in support of the Army in its operational requirements. Since the capacity and efficiency of GREF units in the event of out break of hostilities depends on their all time capacity and efficiency they are subjected to rigorous discipline even during peace time, because it is elementary that they cannot be expected suddenly to rise to the occasion and provide necessary support to the Army during military operations unless they are properly disciplined and in fit condition at all times so as to be prepared for an eventuality."

After further discussions, the apex-Court held that :

"The result is that directly, recruited GREF personnel are governed by the provisions of Central Civil Service (Classification Control and Appeal) Rules, 1965 as amended from time to time but for purposes of discipline, they are subject to cetain provisions of the Army Act, 1950 and the Army Rules 1954 as laid down in SROs 329 and 330 dated 23rd September, 1960".

While considering whether the members of the GREF are members of the Armed Forces, the apex Court held as below:

"It is undoubtedly true that as stated by the Minister of Defence, GREF is a civilian construction force and the members of the GREF are civilian employees under the administrative control of the Border Roads Development Board and that the Engineering officers amongst them constitute what may be designed as "Central Civil Service" within GREF but that does not mean that they cannot at the sometime form an integral part of the Armed Forces. That fact that they are described as civilian employees and they have their own rules of recruitment and are governed by the Central Civil Services (Classification Control and Appeal) Rules, 1965 is not determinative to the question whether they are members of the Armed Forces".

Finally the apex Court held :

"It is abandantly clear from these facts and circumstances that GREF is an integral part of Armed Forces and the members of the GREF can legitimately by said to be members of the Armed Forces within the meaning of Article 33".

7. From what has been extracted above from the decision of the Apex Court in the case of R. Viswan (supra) the applicant being a member of GREF is for purposes of discipline subjected to provisions of Army Act, 1950 and the Army Rules, 1954 as in SRO 329 and SRO 330 dated 23rd September, 1960. The validity of SRO 329 and 330 dated 23rd September, 1960 was challenged before the Apex Court in the case of R, Viswan but has not been condemned as invalid. On judging the applicant's case in the light of the decision of the Apex Court, the applicant is a member of Armed Forces within the meaning of Article 33.