STATE OF PUNJAB Vs. MOHAN SINGH DHINDSA

JUDGEMENT

(1.) THESE appeals are directed against die order dated 22. 8. 1988 passed by the learned Single Judge in C. W. P. 2648 of 1986 'mohan Singh Dhindsa v. State of Punjab and Ors. '

(2.) VIDE advertisement which was published in the Tribune dated 27. 2. 1985, the Government of Punjab invited applications for recruitment of Assistant District Attorneys Grade-II. The writ petition-Mohan Singh Dhindsa, Kanwajit Singh Toor who is appellant in L. P. A. No. 323 of 1989 and others who had applied in response to the aforesaid advertisement, were interviewed by the Selection Committee on the recommendations of the Selection Committee, forty one persons including Kawaljit Singh Toor were appointed as Assistant District Attorneys, Grade II on temporary basis. The appointment of Kanwaljit Singh Toor was treated against the post reserved for Ex. Servicemen. In the writ petition filed by him, Mohan Singh Dhindsa challenged the appointment of Kanwaljit Singh primarily on the ground that he was not entitled to be Appointed against the post reserved for Ex-Servicemen. The State Government and the Legal Remembrancer-cum-Director, Prosecution and Litigation, Punjab defended the appointment of Kanwaljit Singh by stating that he belongs to the category of dependents of Ex-Servicemen and that he was selected against the roster point reserved for Ex-Servicemen.

(3.) IN L. P. A. No. 156 of 1989, the order passed by the learned Single Judge has been challenged on the ground that the finding recorded by the learned Judge regarding de-reservation of the vacancy meant for Ex-Servicemen is erroneous. Kanwaljit Singh Toor, who is directly affected by the order of the learned Single Judge has filed L. P. A. No. 323 of 1989. He has pleaded that the learned Single Judge did not have jurisdiction to grant relief to a person who had not filed petition before the Court. He has also urged that the learned Single Judge should not have nullified his appointment without considering his plea that he had applied for appointment as a general category candidate.