2024 Supreme(Online)(P&H) 3098
HIGH COURT OF PUNJAB AND HARYANA
HARYANA STAFF SELECTION COMMISSION – Appellant
Versus
SANDEEP AND ANOTHER – Respondent
LPA 977 2023
(212)
2023:PHHC: 005922-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA-977-2023 (O&M)
Date of decision:- 16.01.2024
Haryana Staff Selection Commission, Panchkula, Haryana.
...Appellant(s)
Versus
Sandeep and another
...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.
* * * *
RITU BAHRI, A.C.J. (ORAL)
CMs-2505 & 2507-LPA-2023
For the reasons mentioned therein, the delay of 29 days in
re-filing and 181 days in filing the appeal is condoned.
The applications stand disposed of.
LPA-977-2023
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
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
AMODH SHARMA
2024.01.19 00:00
I attest to the accuracy and
authenticity of this
order/judgement
LPA-977-2023 (O&M)
2023:PHHC: 005922-DB
-2-
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