(212)

2023:PHHC: 005759-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

LPA-965-2023 (O&M)

Date of decision:- 16.01.2024

Haryana Staff Selection Commission, Panchkula, Haryana.

...Appellant(s)

Versus

Brahm Parkash and others

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE

HON’BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Deepak Balyan, Additional Advocate General, Haryana,

for the appellant.

Mr. Jasbir Mor, Advocate,

for respondent No. 1.

Ms. Nikita Goel, Advocate,

for respondent No. 3.

* * * *

RITU BAHRI, A.C.J. (ORAL)

CMs-2462 & 2464-LPA-2023

For the reasons mentioned therein, the delay of 28 days in

re-filing and 181 days in filing the appeal is condoned.

The applications stand disposed of.

LPA-965-2023

The appellant has come up in appeal against the judgement and

order dated 10.10.2022 passed by the learned Single Judge, whereby the writ

petition filed by the petitioner (respondent No. 1 herein) was allowed directing

the concerned authorities to consider his candidature for the post of Assistant

Lineman in the Dependent of Ex-Serviceman Category.

The appellant had rejected the candidature of the respondent No. 1

on the ground that the certificate which he had submitted at the time of scrutiny

of documents had been issued after the last date of the submission of the

application form and, therefore, he could not be considered in the Dependent of

Ex-Serviceman Category. The learned Single Judge has examined the issue

whether the benefit with regard to the certificate of Dependent of

Ex-Serviceman issued after the cut-off date can be extended to a candidate

being a dependent of ex-serviceman. In the impugned judgement, it has been

held by the learned Single Judge that the certificate of Dependent of Ex-

Serviceman has to be renewed yearly and the latest certificate had been

AMODH SHARMA

2024.01.19 00:00

I attest to the accuracy and

authenticity of this

order/judgement

LPA-965-2023 (O&M)

2023:PHHC: 005759-DB

-2-

produced by the respondent No. 1 at the time of scrutiny of the documents. It is

not the case of the appellant that the marks of the respondent No. 1 are lower

than the last candidate appointed under the Dependent of Ex-Serviceman

Category. The only ground taken in the appeal is that the certificate of

Dependent of Ex-Serviceman was issued on 18.03.2020 which was after the

cut-off date i.e. 03.02.2020. Since it is not the case of the appellant that the

certificate produced by the respondent No. 1 is fake and he does not belong to

the Dependent of Ex-Serviceman Category and in fact the certificate was to be

renewed after one year and the latest one was produced at the time of scrutiny

of the documents, we find no ground to interfere with the impugned judgement

passed by the learned Single Judge.

The appeal being meritless accordingly stands dismissed.

Consequently, pending application(s), if any, stand(s) disposed of.

(RITU BAHRI)

ACTING CHIEF JUSTICE

(AMAN CHAUDHARY)

JUDGE

16.01.2024

Amodh Sharma

Whether speaking/reasoned

Yes/No

Whether reportable

Yes/No

AMODH SHARMA

2024.01.19 00:00

I attest to the accuracy and

authenticity of this

order/judgement