Punjab-Haryana High Court
Parminder Jeet Singh vs State Of Punjab And Others on 24 January, 2025
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2025:PHHC:011065
RA-CW-562-2024 in/and :
CWP-8788-2020
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
103 RA-CW-562-2024 in/and
CWP-8788-2020
Date of decision : 24.01.2025
PARMINDER JEET SINGH
...... Petitioner
VERSUS
STATE OF PUNJAB AND OTHERS
...... Respondents
CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
***
Present :- Mr. H. C. Arora, Advocate
for the petitioner.
Mr. T. P. S. Chawla, Senior DAG, Punjab.
***
Harsimran Singh Sethi, J. (Oral)
RA-CW-562-2024 The present review application has been filed for the review of the order dated 09.12.2024 by which, the writ petition filed by the petitioner was dismissed qua the claim for appointment to the post of Principal under the category of ex-serviceman.
Learned counsel for the petitioner submits that the claim of the petitioner has only been rejected on the ground that the petitioner is not dependent, whereas, dependency was not needed in order to become eligible for the post of Principal hence, the order dated 09.12.2024 is liable to be reviewed.
Notice of the application.
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Neutral Citation No:=2025:PHHC:011065
RA-CW-562-2024 in/and :
CWP-8788-2020
Mr. T. P. S. Chawla, Senior DAG, Punjab accepts notice on behalf of respondents-State.
After hearing learned counsel for the parties, the order dated 09.12.2024 is recalled and on the joint request, the writ petition is taken up for consideration.
CWP-8788-2020
1. In the present writ petition, the grievance being raised by the petitioner is that the petitioner competed for the post of Principal in pursuance to the Advertisement dated 09.03.2019 (Annexure P-1) in the reserved category of dependent of ex-serviceman but ultimately, the petitioner was found ineligible to compete for the post in question on the ground that the petitioner was already working as computer faculty in the PICTES (Punjab Information and Communication Technology Education Society) and had availed the benefit of being dependent of ex-serviceman while securing that appointment.
2. Learned counsel for the petitioner submits that the petitioner was not working in a Government institution hence, treating the said appointment in PICTES (Punjab Information and Communication Technology Education Society) as Government job so as the petitioner looses his right to claim to be a dependent upon ex-serviceman father, is incorrect and only where, the dependent of an ex-serviceman is working on a Government job, will take away right to be dependent upon ex-serviceman hence, the respondents were under an obligation to grant the petitioner the consideration for appointment to the post of Principal on contract basis 2 of 7 ::: Downloaded on - 08-02-2025 05:00:28 ::: Neutral Citation No:=2025:PHHC:011065 RA-CW-562-2024 in/and :
CWP-8788-2020 under the category of dependent of ex-serviceman (BC).
3. Upon notice of motion, the respondents have filed the reply wherein, the respondents have stated that the petitioner is employed as a computer faculty in PICTES (Punjab Information and Communication Technology Education Society) and even while getting the said appointment, the petitioner got the appointment under the reserved category of dependent of ex-serviceman hence, once the benefit of being dependent of ex- serviceman has already been availed by the petitioner and the petitioner was actually working as a computer faculty while applying for the post in question, non-grant of the benefit of being dependent of ex-serviceman for the post in question, is perfectly valid and legal.
4. I have heard learned counsel for the petitioner and have gone through the record with their able assistance.
5. In the present petition, the grievance of the petitioner is that the petitioner is entitled to be treated eligible for selection and appointment to the post of Principal in pursuance to the advertisement in question being the lenial descendant of the ex-serviceman.
6. It may be noticed that the advertisement in question prescribed certain eligibility conditions qua the posts which have been reserved for the ex-serviceman in Clause 15.3 of the advertisement which is reproduced hereunder:-
"15.3 EX-SERVICEMEN (PUNJAB) 15.3.1 "Ex-serviceman" means person who has served in any rank, whether as a combatant 4or a non combatant, in the Naval, Military and 3 of 7 ::: Downloaded on - 08-02-2025 05:00:28 ::: Neutral Citation No:=2025:PHHC:011065 RA-CW-562-2024 in/and :
CWP-8788-2020 Air Force of the Union India (here-in-after referred to as the Armed forces of the Union of India), and who has:
a) retired or released from such service at his or her own request after earning his or her pension; or
b) been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or
c) been released otherwise than on his own request from such service as a result of reduction in establishment; or
d) been released from such service after completing the specific period of engagement otherwise than at his own request or by way of dismissal or discharge on account of misconduct or Inefficiency and has been given a gratuity:
15.3.2 "but does not include a person who has served in the Defence Security Corps, the General Reserve Engineering Force, the Lok Sahayek Sena and the Para Military Forces, but Includes personnel of the Lok Sahayak Sena of the following categories namely:
a) Pension holders for continuous embodied service
b) Persons with disability attributable to military service; and
c) Gallantry award winners 15.3.3 Ex-servicemen should be of Punjab domicile and they should submit a Punjab Resident Certificate from the competent authority, failing which would result in cancellation of their candidature.
Explanation: The persons serving in the Armed Forces of the Union, who on retirement from service would come under the category of "Ex- servicemen", may be permitted to apply for re-employment one year before the completion of specified terms of engagement and avail themselves of all concessions available to Ex-servicemen but shall not be permitted to leave the uniform until they complete the specified terms of engagement in the Armed Forces of the Union.
15.3.4 As per Punjab Govt. letter No.15/25/2001-4DW/1591 dated 21/5/2002 an Ex- serviceman is allowed the benefit of Reservation for the second time and even thereafter in subsequent recruitment in according with the provisions of these Rules.
15.3.5 Provided that where an Ex-serviceman is not available for recruitment against a reserved category, such a vacancy shall be reserved to be filled in by recruitment of either the wife or one descendent child of an Ex-serviceman.
15.3.6 Provided further that the wife or the Lineal Descendent child of the Ex- serviceman shall be recruited against the reserved vacancy subject to the conditions that:
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CWP-8788-2020
(i) he or she possesses the prescribed qualifications and the within the prescribed age limit,
(ii) he or she is not already in service;
(iii) he or she will be eligible to avail the benefit only once in life.
Provided further that one grand Child of the Gallantry Award Winner shall be recruited against the reserved vacancy, in case the benefit or reservation has not been availed of by any of the children or dependents such winner or by the winner himself subject to the conditions specified in the second proviso.
For the purpose of this proviso Gallantry Award Winner includes the winner of the Paramvir Chakra, The Mahavir Chakra, the Vir Chakra, the Sena or Nao Sena or Vayu Sena Medal and Mention-in-Despatches. 15.3.7 As per Punjab Government notification No.GSR9/Const/ Art309, 234 and 318/Amd(5)/2003 dated 06/11/2002 and letter No.1/28/92- 3ET/2805 dated 14/05/2003 and;
a) "Lineal Descendent" means sons/daughters (married/un- married/widowed legally divorced) of the re-employed/ unemployed Ex- Serviceman.
b) "Wife" shall include the widow of an Ex-serviceman, provided she has not re-married up to the date of the issue of the appointment letter."
c) In any case, including the case where the Ex-Serviceman has died, his sons/daughters shall be treated as "Lineal descendent" only if a certificate to this effect has been issued by the authority appointed by the Government. [Format is given in the Annexure-C in the Advertisement]"
7. A bare perusal of the above would show that the lineal descendant of an ex-serviceman will only be considered in case, there is no ex-serviceman who is found eligible for the post in question. As per Clause 15.3.6, in such circumstances, the wife or the lineal descendant child of the ex-serviceman can be recruited subject to the condition that the candidate in question should possess the prescribed qualification and should be within the age limit prescribed and he or she should not be already in service. Further, he or she will be eligible to avail the said benefit only once in life. Keeping in view the said clause, the claim of the petitioner needs to be adjudicated as to whether he is eligible to compete for the post in question 5 of 7 ::: Downloaded on - 08-02-2025 05:00:28 ::: Neutral Citation No:=2025:PHHC:011065 RA-CW-562-2024 in/and :
CWP-8788-2020 under the reserved category or ex-serviceman being the lineal descendant or not.
8. It is a conceded position that the petitioner is already in service and is earning Rs.65000/- per month while working as a computer faculty in the PICTES (Punjab Information and Communication Technology Education Society). Once, the petitioner is already in service, he cannot be treated eligible keeping in view the terms and conditions of the advertisement as, only the candidates who are not already in service are to be treated eligible.
9. With regard to the argument learned counsel for the petitioner that the service should mean the 'Government service' and not any other service, it may be noticed that once, a condition has been prescribed wherein the word used is "service", treating the same only for Government service, on the asking of the petitioner, is not correct. The 'service' means that the candidate should not be employed and getting remuneration. In the present case, the petitioner is already employed and is getting remuneration to the tune of Rs.65000/- per month. Hence, the petitioner is not eligible even as per the eligibility conditions prescribed in the advertisement itself.
10. Further, the eligibility conditions prescribed in the advertisement are not under challenge in the present petition. That being so, the eligibility of the petitioner is only to be adjudged on the basis of the terms and conditions of the advertisement and keeping in view the facts and circumstances of the present case where the petitioner is already working and is employed and is in service of the PICTES, he has rightly been treated 6 of 7 ::: Downloaded on - 08-02-2025 05:00:28 ::: Neutral Citation No:=2025:PHHC:011065 RA-CW-562-2024 in/and :
CWP-8788-2020 not eligible for the post in question.
11. Keeping in view the above, no ground for any interference is made out by this Court and the present petition is dismissed.
(HARSIMRAN SINGH SETHI) JUDGE 24.01.2025 Rimpal Whether speaking/reasoned Yes Whether Reportable : No 7 of 7 ::: Downloaded on - 08-02-2025 05:00:28 :::