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High Court of Punjab and HaryanaLPA/977/2023dismissed

Haryana Staff Selection Commission v. Sandeep And Another

2024-01-16Ms. Justice Ritu Bahri,Mr. Justice Aman Chaudhary2 pages

(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 ExServiceman 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 AMODH SHARMA 2024.01.19 00:00 I attest to the accuracy and authenticity of this order/judgement not the case of the appellant that the marks of the respondent No.

LPA-977-2023 (O&M) 2023:PHHC: 005922-DB -2than 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