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1998 Supreme(SC) 585

S.P.BHARUCHA, J.JAGANNADHA RAO
Haryana Public Service Commission – Appellant
Versus
Harinder Singh – Respondent


JUDGMENT :- The respondent applied for employment with the State of Haryana on the basis that he was the dependant of an ex-serviceman. The Haryana Public Service Commission (the appellant) rejected the claim on the ground that he was not dependant upon his ex-serviceman father or his mother. The respondent filed a writ petition in the High Court at Chandigarh for a direction that he should be considered for selection against the reservation quota meant for dependants of ex-servicemen. The High Courts decision upon the writ petition reads, in its entirety, thus :

"HPSC is directed to consider the petitioner eligible for the post he has applied for, as he falls in the expression dependant, as his father was killed in INS Khukri during Indo-Pak War of 1971. The writ petition stands disposed of accordingly."

Since this order could not be complied with because all the posts had been filled, the respondent moved an application before the High Court in regard to future selections and the High Court directed that the respondent should be considered for the same.

2. The appellants are in appeal by special leave against the order on the writ petition and it has been stayed pending the disposal












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