DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE issue in controversy here concerns the benefit of reservation in posts for dependents of Ex -serviceman. To be specific, whether it also extends to dependents of deceased Ex-serviceman ?

(2.) THE relevant rule and the proviso thereunder governing the matter being Rule 4 of the Punjab Recruitment of Ex-Servicemen Rules 1982 (hereinafter referred to as 'the Rules' ). This Rule 4 reads as under :

(3.) THE precise point raised here arose before a Division Bench of this Court in C. W. P. 3450 of 1984 (Dr. Gajinder Kumar Diwan v. State of Punjab and Ors. , C. W. P. No. 3450 of 1984.) decided on September 7, 1984, where, it was held that the benefit of reservation for dependents of Ex-Serviceman, was available only to a child of a living Ex-Serviceman. The reasoning in support being, "the Legislature in its wisdom has afforded the benefit not to any child-of the Ex Serviceman but a dependent child. The Child of an Ex Serviceman who had died cannot be termed as a dependent child of such an ex-serviceman. Further more, the phraseology used in the latter part of the proviso 'who has neither been recruited against a reserved vacancy nor is eligible to be recruited against such vacancy' is also indicative of the fact that the intention of the Legislature was to confer a concession under the said proviso only to living Ex-Serviceman and not to the one who had died. The emphasis appeals to be more on granting the relief to Ex-Serviceman during his life time Faced with this situation, the learned counsel submitted, an alternative argument that the non-granting of the concession to the children of deceased Ex-Serviceman tantamounts to discrimination and is thus, violative of the Constitution of India. We, however, do not find any such discrimination. It is indeed for the Legislature to grant a certain benefit or concession to a limited group or class of persons under a certain policy provided there is a reasonable classification for this pupose. As already observed, the object of enacting the proviso appears to be to confer a certain relief to the Ex-Serviceman himself by providing succour to his dependent family members and thus, reduce his financial burden. "