Ashok Kumar vs Haryana Vidyut Prasaran Nigam Ltd. And ... on 28 May, 2013

[Cites 0, Cited by 2]

Punjab-Haryana High Court

Ashok Kumar vs Haryana Vidyut Prasaran Nigam Ltd. And ... on 28 May, 2013

Bench: Surya Kant

LPA No. 2121 of 2012                                            -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                                      LPA No. 2121 of 2012 (O&M)

                                      Date of decision: 28.05.2013


Ashok Kumar


                                                         ..... Appellant

                   Versus


Haryana Vidyut Prasaran Nigam Ltd. and others

                                                         ..... Respondents


CORAM: HON'BLE MR. JUSTICE SURYA KANT
       HON'BLE MR. JUSTICE R.P. NAGRATH

PRESENT: Mr. Surender Pal, Advocate for the appellant.

            Mr. P.S. Poonia, Advocate for respondent No.1.

            Mr. R.D. Sharma, DAG, Haryana, for respondent No. 2.


SURYA KANT, J. (ORAL)

The question that arises for consideration in this Letters Patent Appeal is whether the condition of 50% marks in 10+2 examination could be applied in the case of ex-serviceman candidates also and whether the criteria to short-list the candidates could be applied in the reserved category of Ex-serviceman when candidates were less than the posts advertised for them? It was on consideration of these issues, that the following order was passed on May 03, 2013:-

"Having heard learned counsel for the parties at some length and after going through the records, it LPA No. 2121 of 2012 -2- appears to us that (i) the condition of 50% marks in 10+2 examination was inapplicable in the case of Ex-serviceman and they were required to possess 10+2 only and (ii) there was no occasion to apply the criteria of short-listing the candidates in the reserved category of Ex-serviceman as candidates were not more than the total posts reserved for them.

Learned State counsel seeks and is granted time to have instructions whether the case of the appellant can be re-considered on merits."

In compliance thereto, the matter has been re-considered by the Haryana Staff Selection Commission and vide memo dated 24.5.2013, the name of the appellant (Ashok Kumar S/o Mool Chand) has also been recommended for appointment to the post of Lower Divisional Clerk.

In this view of the matter, we dispose of this appeal with a direction to respondent No.1 to offer appointment to the appellant as early as possible but not later than two months from the date of receipt of certified copy of this order, however, subject to verification of his antecedents etc. Disposed of.

Dasti.



                                                      ( SURYA KANT )
                                                          JUDGE


May 28, 2013                                          ( R.P. NAGRATH )
rishu                                                      JUDGE

Unlock Advanced Research with PRISMAI

Punjab-Haryana High Court