JAI NARAIN JAKHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution seeks quashing of the policy dated 11.10.2001 (P-1), framed by the respondent State of Haryana for issuance of dependent certificate to Ex-servicemen/ their dependents for employment by the Zila Sainik Boards. The petitioner has also challenged order dated 27.10.2009 (P-3) rejecting his application for issuance of dependent certificate to his married daughter. Still further a direction has been sought directing the respondents to issue dependent certificate to the petitioner for his daughter. Brief facts of the case are that on 11.10.2001, the Secretary, Rajya Sainik Board, Haryana-respondent No. 2 issued policy/guidelines for issuance of dependent certificate to the Ex-serviceman and their wards for the purpose of employment in various departments of the Government (P-1). As per clause (f) of the policy/guidelines (P-1), a married dependent son of Exservicemen who does not have independent source of livelihood is eligible for dependent certificate but a married daughter of an Exservicemen is not eligible for such dependent certificate.

(2.) On 20.10.2009, the petitioner filed an application with the Secretary, Zila Sainik Board, Hisar-respondent No. 3 for issuance of dependent certificate for her married daughter. It was specifically stated in the application that his daughter Ms Vijayanti. Jakhar nee Vijayanti Suhag is unemployed on the date of submission of the application. It was further stated by the petitioner that he was never re-employed in State/Centre Government department after retirement from Navy. In support of the application an affidavit regarding un-employment of daughter of the petitioner was also submitted (P-2).

(3.) On 27.10.2009 (P-3), the Secretary-respondent No. 3 passed an order rejecting the application of the petitioner for issuance of dependent certificate on the ground that his daughter Vijayanti Jakhar is married and she is not entitled for dependent certificate in terms of policy/guidelines dated 11.10.2001 (P-1). Aggrieved with the order dated 27.10.2009, the petitioner has filed the instant petition.