GURMEET SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner Gurmeet Singh is son of Joginder Singh who is a "freedom-fighter" and on 15th August, 1972, was awarded Tamar Patra by the Prime Minister of India on the 25th Anniversary of Independence Day in recognition of the services rendered by the recipient for the Independence Movement of the country. In addition to this Tamar Patra, pension of Rs. 200/- per month was also granted by the President of India to Joginder Singh father of the petitioner, being a freedom-fighter, which he has been receiving since 1974. Besides this, the Punjab Government also sanctioned financial assistance at the rate of Rs. 100/- per month to Joginder Singh with effect from 1st April, 1982.

(2.) On 1st November, 1981, the Punjab Subordinate Services Selection Board invited applications for the posts of Social Studies Masters. Later on, with the abolition of the said Board, a Departmental Selection Committee of the Education Department was constituted and the petitioner applied in response thereto. In the meantime, the State of Punjab issued policy instructions on 4th April, 1985, to the effect that "the State Government have granted concessions like re-employment to a freedom-fighter in the State service uptill the age of 60 years, the reservation of 2% seats at the time of direct recruitments in the State services" etc. It was further provided 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 suffering during pre-Independence freedom movement." On the basis thereof, when the petitioner furnished the requisite bio-data and other necessary information to the Department Selection Committee for the post of social Studies Master on 13th July, 1988, it was specifically stated by him that the petitioner was applying in the category of "Son of Freedom Fighter" and the name of his father who was a freedom fighter was S. Joginder Singh. However, when the name of the petitioner did not find mention in the list of selected candidates, he submitted an application on 10th January, 1990, bringing to the notice of the Chairman, Departmental Selection Committee, that he was son of a freedom-fighter and has produced the necessary documents at the time of interview before the Departmental Selection Committee to that effect, and as such, he was entitled to the appointment as Social Studies Master against the quota of 2 per cent posts reserved for the freedom-fighters/their wards. Having failed in the redressal of his grievance by the Departmental authorities, the petitioner ultimately approached this Court for the grant of necessary relief.

(3.) In the written statement filed by the respondents, the only plea taken by them is that even though the freedom-fighters and their wards, who had been granted freedom-fighters' pension or Tamar Patras were eligible for being appointed as teachers against the 2 per cent posts reserved for them, yet the petitioner has not been given the appointment because he failed to show the necessary certificate at the time of interview. The exact reproduction of the plea taken in the written statement which shows a casual and callous approach of the authorities while dealing with the case of the ward of a freedom-fighter, who has been honoured by the nation with the award of a Tamar Patra, is as under :-