BHUPINDER SINGH DANEWALIA Vs. PUNJAB PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner is the grand-son of Sh. Jaswant Singh, a freedom fighter. He is aggrieved by the action of the respondents in not considering him for appointment against one of the two posts of Veterinary Officers, which have been reserved for "children/grand- children of freedom fighters of Punjab". A few facts may be noticed.

(2.) The petitioner is a graduate in Veterinary Science and Animal Husbandry. He was appointed as Veterinary Officer vide orders dated February 1, 1990 on purely temporary and ad hoc basis. On January 6, 1990, the Punjab Public Service Commission had advertised 134 posts of Veterinary Officers. Out of these posts, two had been reserved for children and grand-children of freedom fighters of Punjab. The petitioner applied for one of these posts. He produced a certificate, which had been obtained by his uncle in the year 1985, in support of the fact that his grand-father Mr. Jaswant Singh Danewalia had "suffered imprisonment for the period from 19.8.1922 (??) to 1.9.1923 in Ferozepur and Mianwali (Pakistan) Jails during Freedom Struggle." On this basis the Deputy Secretary to Government Punjab had vide letter dated January 9, 1985 certified the factual position. As a result the District Magistrate, Ferozepur had observed that Mr. Jaswant Singh "was thus a freedom fighter." Besides this, the petitioner also claims to have produced a certificate from the Superintendent Central Jail, Ferozepur supporting the factual position. It also appears that besides the above cited imprisonment, Mr Jaswant Singh had been sentenced to two years rigorous imprisonment and a fine of Rs. 200/- on August 23, 1930 under Sections 147/341 of the Indian Penal Code by Magistrate First Class, Ferozepur and had been transferred to Attock Jail on September 26, 1930. In spite of these facts, the respondents have not considered the petitioner's claim against one of the two posts reserved for the children/ grand-children of freedom fighters.

(3.) The petitioner further avers that vide letter dated April 4, 1985, the State of Punjab had issued instructions observing inter alia that "for the entitlement to above cited concessions, in future only those freedom fighters and their wards will be eligible who have either been granted a freedom fighter's pension from the Punjab Government or have been awarded Tamra Patras for their political sufferings during pre-Independence freedom movements. The Deputy Commissioner of District to which a freedom fighter belongs will be the only competent authority to provide an eligibility certificate to this effect i.e. for the grant of all types of those concessions to a freedom fighter, or his wards." It is stated that the petitioner's grand-father was well to do and had never sought to avail of the scheme for grant of pension to the freedom fighters. It has been further stated that Mr. Jaswant Singh had died in the year 1962 while the scheme for the award of Tamra Patras had been introduced in the year 1972. On this premises it is claimed that the action of the respondents in not considering the petitioner against one of the reserved posts only on the ground that neither the freedom fighters' pension had been granted nor a Tamra Patra had been issued is wholly arbitrary and unfair.