- (1.) The respondent applied for employment with the State of Haryana on the basis that he was the dependant of an ex-serviceman. The Haryana Public Service Commission (the appellant) rejected the claim on the ground that he was not dependant upon his ex-serviceman father or his mother. The respondent filed a writ petition in the High Court at Chandigarh for a direction that he should be considered for selection against the reservation quota meant for dependants of ex-servicemen. The High Court's decision upon the writ petition reads, in its entirety, thus : "HPSC is directed to consider the petitioner eligible for the post he has applied for, as he falls in the expression 'dependant', as his father was killed in INS Khukri during Indo-Pak War of 1971. The writ petition stands disposed of accordingly." Since this order could not be complied with because all the posts had been filled, the respondent moved an application before the High Court in regard to future selections and the High Court directed that the respondent should be considered for the same.
(2.) The appellants are in appeal by special leave against the order on the writ petition and it has been stayed pending the disposal of the appeal.
(3.) There is a reservation in regard to recruitment for the State Government for dependants of service personnel killed or disabled. Dependants are defined to include, besides the wife and widow, "dependant sons/daughters". After categorising certain persons, it is stated in the reservation policy : "None of the persons mentioned at Sr. Nos. (i), (ii), (v) and (vi) falls within the definition of the word 'dependant' because each of them appears to have some independant source of livelihood and therefore, none of these can be said to be dependant on his father or mother." (Emphasis supplied);