SURJEET SINGH Vs. UTTARAKHAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Heard Mr. Vinay Kumar, learned Counsel for the petitioners, Mr. N.S. Pundir, learned Counsel for the Uttarakhand Public Service Commission and Mr. B.S. Adhikari, learned Counsel for the private respondents.

(2.) These two review applications are filed by the petitioners in Writ Petition (S/B) No.385 of 2014 and Writ Petition (S/B) No.438 of 2014 seeking review of the order passed by us on 13.02.2019. The review applicants are both ex-servicemen. They invoked the jurisdiction of this Court contending that an advertisement was issued by the Public Service Commission for filling up the posts of Commercial Tax officers; the quota earlier prescribed for ex-servicemen was withdrawn; and the advertised general category posts were filled up without providing horizontal reservation in favour of ex-servicemen.

(3.) In the order under review, we had noted the petitioner's contention that 49 posts were advertised for appointment as Commercial Tax Officers in the general category; 5% reservation for ex-servicemen would require two posts to be reserved for that category; and no posts were filled up by ex-servicemen. We, thereafter, took note of the stand of the Public Service Commission, in its counter affidavit, that, as against 61 vacant posts, 49 posts of Commercial Tax Officers are to be filled up under General Category; 5% of 61 vacancies is 3; as against 3 ex-servicemen posts, 4 ex-servicemen are already working as Commercial Tax Officers; and, therefore, all the 49 posts of Commercial Tax Officers were filled with General Category candidates, and no posts were reserved in favour of ex-servicemen. After taking note of the rival submissions, we had opined that even if 5% reservation for ex- servicemen is computed with respect to all the 61 vacant posts, only 3 posts would be required to be earmarked for ex-servicemen, and as it is evident from the table, annexed to the counter affidavit filed by the Public Service Commission, that 4 ex-servicemen are already working as Commercial Tax Officers, the Public Service Commission could not be faulted in not filling up any of the 49 advertised vacant posts of Commercial Tax Officers with ex-servicemen.