NIRMALA Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) The Haryana Subordinate Services Selection Board (hereinafter called "the Board"), had advertised 134 posts of Supervisors (Female) for Social Welfare Department, Haryana, in "The Daily Tribune" dated Sept. 22, 1991. It was provided in the said advertisement that "the dependent wife, sons and daughters of Ex-servicemen and dependents of Freedom Fighters (as per Government instructions) who fulfil all the conditions of qualifications and age etc., prescribed for the various posts will be considered on merits for the posts reserved for Ex-serviceman to the extent of non-availability of suitable Ex-serviceman." The petitioner applied in the category of dependent daughter of a Freedom Fighter. According to the petitioner, though her name was in the merit list, yet, the respondent had not given appointment to her in the category of dependent of Freedom Fighters. It has been specifically averred in the writ petition that out of posts reserved for Ex-servicemen 14 posts are lying vacant and remain unfilled. This fact has been admitted by the respondent in the written statement.

(2.) The case of the petitioner is that in accordance with the Haryana Government instructions dated Nov. 25, 1985, Annexure P-3, if out of the posts reserved for the category of Ex-serviceman or their dependents, same posts remain unfilled for any reason, then the same are to be offered to the dependent wife, sons and daughters of Freedom Fighters. The relevant portion of the instructions Annexure P-3 is reproduced below :

(3.) The case of the respondent is that in accordance with the clarification issued by the Government on July 14, 1992, the posts which are to be offered to the reserved category of dependents of Freedom Fighters is 2% of the unfilled vacancies of Ex-servicemen/Backward Classes and in accordance with the said clarification only one fell to the share of the dependents of Freedom Fighters. A candidate higher in merit than the petitioner had been appointed against that post.