Civil Writ Petition No. 15797 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Civil Writ Petition No. 15797 of 2010 Date of Decision : 30.5.2011 Dilpreet Singh .......... Petitioner Versus Punjab State Power Corporation Ltd. (earlier PSEB) & others ...... Respondents CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. D.S. Rawat, Advocate for the petitioner. Mr. H.S. Grewal, Advocate for respondent No.2. **** AUGUSTINE GEORGE MASIH, J. (ORAL) The petitioner, who is grandson of a freedom fighter, applied for the post of Assistant Engineer (Electronics & Communication) in response to an advertisement issued by the Punjab State Electricity Board (Now Punjab State Power Corporation Ltd.) in December, 2008. From the Freedom Fighters' category no post has been filled up. The grouse of the petitioner is that as per the instructions the advertisement clearly spelt out that the reservation would be as per the roster and as per the Government instructions. He placed reliance upon the instructions dated 23.9.2005 (Annexure P-3) to contend that the carried forward vacancies, which are reserved in all the Government posts under Civil Writ Petition No. 15797 of 2010 -2- direct recruitment, if the vacancy reserved for children/grand children of Freedom Fighters' category is to be filled up by a general category candidate then in the subsequent selection, available vacancy has to be given to the children/grand children of Freedom Fighters'. Earlier selection was held by the respondent-Punjab State Electricity Board in the year 2006 where 263 posts of the Assistant Engineers were advertised and one post of Assistant Engineer (Electronics & Communication) stream was kept reserved for Freedom Fighter's category, but the said post could not be filled up and as a matter of fact de-reserved and filled up by a general category candidate. Counsel for the petitioner accordingly, states that the petitioner was entitled to be considered against the carried forward post of Freedom Fighters' in the present selection on the post of Assistant Engineer (Electronics & Communication). Notice in this case was issued and respondent No.1-Board has put in appearance and filed the reply. Respondent No.2, who was selected against the post of Assistant Engineer (Electronics & Communication) despite service chose not to put in appearance before this Court and defend his selection. The only ground which has been taken by the respondents after admitting the factual position is that the appointment was to be made as per the roster and as only 15 posts of Assistant Engineer (Electronics & Communication) were advertised, no post falls in this block at a roster point, which was reserved for the Freedom fighters and thus could not be filed up from the said category. I have considered the submissions made by the counsel for the Civil Writ Petition No. 15797 of 2010 -3- parties and have gone through the records of the case with their assistance. The dispute in the present case would be depending upon the instructions dated 23.9.2005 (Annexure P-3), which is an instruction issued by the Government of Punjab General State Administration Department. As per these instructions, the same deals with keeping the vacancies /seats reserve in the Government posts in the Direct Recruitment for the Freedom Fighters and other categories. It is not in dispute that the said instructions have been adopted by the Punjab State Electricity Board. The relevant portion, which would cover the claim of the petitioner is reproduced herein below :- “......The children of the Freedom Fighters are qualified, but are workless. So, it is requested to you that the reserve quota stated above be filled / completed by direct recruitment of children / grandchildren of the Freedom Fighters and if no competent candidate is available for the said category then the NOC be obtained from this department. After obtaining the NOC from this Department, the vacancies for children of Freedom Fighters under quota will be de-reserved only on the condition that the available vacancies will be given to only Freedom Fighters or their relations in future. So, these instructions should be implemented and the backlog be completed.” A perusal of the above, leaves no manner of doubt and if in one selection a post is kept reserved for Freedom Fighters' category and the same is not filled up by the said category the competent authority has the power to de-reserve it and fill it from the general category. If such an Civil Writ Petition No. 15797 of 2010 -4- exercise is taken up the vacancy so de-reserved has to be filled up from the category of Freedom Fighters' or their relations in future. It is not in dispute that in the year 2006 when the selection was done by the respondent-Board for filling up the vacancies of the Assistant Engineer (Electronics & Communication), one post was reserved for the Freedom Fighters category. The said vacancy was not filled up and was, as a matter of fact, de-reserved and filled up from the general category candidate. The mandate of the instructions dated 23.9.2005 (Annexure P-3) would operate in the subsequent selection which was in the year 2008. One post of Assistant Engineer (Electronics & Communication) was required to be reserved for the Freedom Fighters' category. If that be so, the claim of the petitioner should have been considered for the said post as he belongs to the category of Freedom Fighters' and, therefore, should have been entitled to be appointed on the said post. The stand of the respondents that there were 15 posts only which were advertised and in that block none of the post fell in the share of the Freedom Fighters' category, cannot be accepted in the light of the instructions dated 23.9.2005 (Annexure P-3), which deals with the carrying forward of the said posts. In this view of the matter, the Court is left with no option except to quash the selection of respondent No.2, who has chosen not to defend his selection in the Court and to issue a direction to the Punjab State Electricity Board (Now Punjab State Power Corporation Ltd.) to consider the claim of the petitioner for appointment to the post of Assistant Engineer (Electronics & Communication), as the said post is to be filled up from the Civil Writ Petition No. 15797 of 2010 -5- category of Freedom Fighters', to which the petitioner admittedly belongs. It is also not in dispute that the petitioner is otherwise eligible for appointment to the said post. If there is no impediment the petitioner be granted the required consequential relief. The direction as issued by this Court be complied with within a period of two months from today. The writ petition is allowed in the above terms. 30.5.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE