RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for quashing selection and appointment of respondent No. 4 on the post of Lecturer in Mathematics. It has also been prayed that the petitioner be considered for selection and appointment to the post of Lecturer from the date respondent No. 4 has been appointed, on the ground that respondent No. 4 being a dependent of Ex-Serviceman has no right to that post and in any case an Ex-Serviceman like the petitioner has to be preferred over a dependent of Ex-Serviceman as per instructions dated 21.05.1979 (P-4) issued by the respondent State.

(2.) The primary argument of Mr. Ram Kumar Malik, learned counsel for the petitioner is that respondent No. 4 does not fall within the definition of 'dependent of Ex-serviceman'. The aforementioned stand is sought to be buttressed by referring to two appointments of respondent No.

(3.) One appointment was granted to respondent No. 4 in C.R. College, Hisar from 13.7.2002 to 28.2.2003 (Annexure R-4/1). The aforementioned appointment was purely part-time and the salary to respondent No. 4 used to be drawn from the college fund as there was no sanctioned post of Lecturer of Mathematics in the aforementioned college. The second appointment of respondent No. 4 has been highlighted on the basis of appointment letter Annexure P-7 in D.N. College, Hisar, which has been brought on record by way of a miscellaneous application. Again the appointment letter Annexure P-7 shows that respondent No. 4 was working purely on temporary/part-time basis on a consolidated salary of Rs. 5,000/- per month.