LPA No. 209 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 209 of 2008 Date of Decision 19.07.2010 Labh Singh and others -----Appellants Versus State of Haryana & others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. H.S. Rakhra, Advocate for the appellants. Mr. Mamta Singhal Talwar, AAG, Haryana. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. Kumar, J. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 28.02.2010 passed by the learned Single Judge in C.W.P. No. 852 of 2005. The learned Single Judge has held that the instructions dated 15.07.1985 issued by the State of Haryana postulate that Ex-servicemen, who are domicile of the State of Haryana can also be considered for appointment as Constable in the Indian Reserve Battalion. The learned Single Judge has adverted to para 2 of the instructions which reads thus: “The question regarding giving the benefit of reservation to those Ex-servicemen and Physically LPA No. 209 of 2008 -2- handicapped persons who are domiciles of Haryana State was under consideration of the Government. After carefully considering the matter, it has been decided by Government to grant the benefit of reservation to only those ex-servicemen and Physically handicapped persons who are domiciles of the Haryana State and not to others. The benefit of reservation to Scheduled Castes and Backward Classes persons is already available only to those who are domiciles of Haryana State under instructions referred to above”. It is, thus, evident that only those Ex-servicemen who are domicile of the State of Haryana could have been considered and appointed as Constable in Indian Reserve Battalion. The learned Single Judge opined that the instructions dated 15.07.1985 have not been challenged. Moreover, during course of the arguments, an affidavit was filed by the Joint Secretary to Government Haryana, General Administration Department. In the affidavit, a letter dated 03.02.2010 (Annexure R1) issued by State of Punjab has attached, which is to the effect that the State of Punjab was not providing benefit of reservation in direct recruitment to Ex-servicemen of other States nor there was any reference pending. Likewise, letter of the State of Madhya Pradesh dated 08.02.2010 (Annexure R2) has also been placed on record showing similar position with regard to Ex- servicemen of the Madhya Pradesh and position is also similar with LPA No. 209 of 2008 -3- regard to the State of Himachal Pradesh, which is considering the issue of opening recruitment to the Ex-servicemen of the other State (Annexure R3). Accordingly we are of the considered view that the opinion expressed by the learned Single Judge does not suffer any legal infirmity warranting interference of his Court. As a sequel to the above discussions, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (A.N. JINDAL) JUDGE July 19, 2010 Atul