ARUN TANDON,J. - (1.) Heard learned counsel for the parties.
(2.) This intra Court appeal is directed against the judgment and order of the learned Single Judge dated 28.3.2016, where under, a direction has been issued for treating the writ petitioner within the category of dependent of freedom fighters, subject to verification of the correctness or otherwise of the same and to declare his result within two months for the purposes of selection on the post of Sub-Inspector in U.P. Police Service. The advertisement in question had been issued on 19.5.2011.
(3.) Standing Counsel on behalf of the appellant contended before us that the judgment in the case of Isha Tyagi v. State of U.P. and Others . which provides for the benefit of dependent of freedom fighters being extended to sons and daughters of married daughters would be prospective in nature. The said judgment cannot be applied in respect of the selections which had been completed prior to the date of said judgment. In the alternative, it is submitted if the judgment in the case of Isha Tyagi (supra) is applied to selection which has already been completed then the entire exercise of permitting all such applications who were within the category of freedom fighters as defined in the case of Isha Tyagi i.e. the sons and daughters of married daughters had to be treated at par and their claim is required to be considered within the horizontal category.;