Appeal against a Single Judge's judgment which upheld Haryana State instructions granting reservation benefits only to domicile ex-servicemen for Constable posts in the Indian Reserve Battalion. The High Court refused to interfere as no legal infirmity was found.
The appeal filed under Clause X of the Letters Patent is dismissed.
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LPA No. 209 of 2008
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No. 209 of 2008
Date of Decision 19.07.2010
Labh Singh and others
-----Appellants
Versus
State of Haryana & others
---Respondents
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. H.S. Rakhra, Advocate for the appellants.
Mr. Mamta Singhal Talwar, AAG, Haryana.
M.M. Kumar, J.
The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 28.02.2010 passed by the learned Single Judge in C.W.P. No. 852 of 2005. The learned Single Judge has held that the instructions dated 15.07.1985 issued by the State of Haryana postulate that Ex-servicemen, who are domicile of the State of Haryana can also be considered for appointment as Constable in the Indian Reserve Battalion. The learned Single Judge has adverted to para 2 of the instructions which reads thus:
“The question regarding giving the benefit of reservation to those Ex-servicemen and Physically
LPA No. 209 of 2008
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handicapped persons who are domiciles of Haryana State was under consideration of the Government. After carefully considering the matter, it has been decided by Government to grant the benefit of reservation to only those ex-servicemen and Physically handicapped persons who are domiciles of the Haryana State and not to others. The benefit of reservation to Scheduled Castes and Backward Classes persons is already available only to those who are domiciles of Haryana State under instructions referred to above”.
It is, thus, evident that only those Ex-servicemen who are domicile of the State of Haryana could have been considered and appointed as Constable in Indian Reserve Battalion. The learned Single Judge opined that the instructions dated 15.07.1985 have not been challenged. Moreover, during course of the arguments, an affidavit was filed by the Joint Secretary to Government Haryana, General Administration Department. In the affidavit, a letter dated 03.02.2010 (Annexure R1) issued by State of Punjab has attached, which is to the effect that the State of Punjab was not providing benefit of reservation in direct recruitment to Ex-servicemen of other States nor there was any reference pending. Likewise, letter of the State of Madhya Pradesh dated 08.02.2010 (Annexure R2) has also been placed on record showing similar position with regard to Exservicemen of the Madhya Pradesh and position is also similar with
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LPA No. 209 of 2008
regard to the State of Himachal Pradesh, which is considering the issue of opening recruitment to the Ex-servicemen of the other State (Annexure R3). Accordingly we are of the considered view that the opinion expressed by the learned Single Judge does not suffer any legal infirmity warranting interference of his Court.
As a sequel to the above discussions, the appeal fails and
the same is dismissed.
(M.M. KUMAR)
JUDGE
(A.N. JINDAL)
JUDGE
July 19, 2010 Atul
1 issue framed by the court
Whether the learned Single Judge's opinion regarding instructions reserving posts for Haryana-domiciled ex-servicemen suffers any legal infirmity warranting interference.
Labh Singh and others
State of Haryana
M.M. Kumar
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
