CWP NO.18759 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.18759 of 2008 DATE OF DECISION: 22.5.2009 Smt.Harbhajan Kaur ..Petitioner Versus State of Punjab and others ..Respondents CORUM HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.Mohit Garg, Advocate for the petitioner Mr.BS Chahal, DAG, Punjab for respondents PERMOD KOHLI,J. (ORAL) Applications were invited through advertisement published in the Tribune dated 11.9.2006 for the appointment of Assistant District Attorney for various Districts of Punjab. The petitioner claiming to be qualified and eligible applied for the said post in District Roopnagar (Mohali).There were four posts allotted to District Roopnagar (Mohali) i.e. two for the General Category, one for the Scheduled Caste (Ex-serviceman) Category and one for Backward Class. The petitioner claims the consideration under Scheduled Caste (Ex-serviceman) Category.The petitioner was summoned for interview. However, Selection Committee had the confusion about the candidature of the petitioner being a married daughter of the Ex-serviceman. Otherwise the petitioner was found eligible in all respects. The Selection Committee accordingly approached the Government vide letter dated CWP NO.18759 of 2008 2 29.11.2006 seeking the opinion in this regard. The State government has framed statutory rules for reservation for Ex-serviceman under Article 309 read with Articles 234 and 318 of the Constitution of India. The rules are called Punjab Recruitment of Ex-Servicemen (First Amendment) Rules, 2002. These Rules came to be amended vide Notification dated 6.11.2002. Under the amended provisions, the “lineal descendent” has been defined under Rule 2 (aa) which reads as under:- “2 (aa) “Lineal descendent” means sons/daughters (married/unmarried/widowed/legally divorced) of the re- employed/unemployed Ex-servicemen. Explanation: In any case, including the case where the Ex- servicemen 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.” In view of the aforesaid amended Rule, the petitioner even though a married daughter of Ex-serviceman, is eligible. In the reply filed, the only defence of the respondents is that since the Selection Committee did not clearly recommend the case of the petitioner, hence she was not appointed. It is, however, admitted in paragraph 4 of the reply that the post against which the petitioner applied i.e. Scheduled Caste (Ex-serviceman) category, is still lying vacant. It is also admitted position that the post is a contractual one. In the aforesaid circumstances and the petitioner having been eligible under Rules, this petition is disposed of with a direction to the respondents to consider the candidature of the petitioner for appointment as District Attorney for the District of Roopnagar (Mohali) under the Scheduled Caste CWP NO.18759 of 2008 3 (Ex-serviceman) Category and since the post is still lying vacant, the said vacancy be filled up on the basis of merit of the petitioner and others. Learned counsel for the petitioner submits that the petitioner is the only candidate. If that be the position, the petitioner be appointed in accordance with rules within a period of two months from the date a certified copy of this order is served upon the competent authority. Mr. Chahal submits that some proceedings are pending before Hon’ble Division Bench. It is, however, clarified that the implementation of this order will be subject to any order that might be passed by Hon’ble Division Bench. (PERMOD KOHLI) JUDGE 22.5.2009 MFK