SUNIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who claims himself to be dependent of Ex-servicemen, has filed the present petition challenging clause (k) of the policy dated 11.10.2001 (Annexure-P1) pertaining to issuance of dependent certificate to Ex-servicemen or their dependents for employment, by the Zila Sainik Boards. Further challenge has been made to Annexure-P4 dated 02.12.2015 vide which the application filed by the petitioner for issuance of Ex-servicemen dependent certificate was returned back, treating the petitioner to be not eligible.

(2.) Learned counsel for the petitioner submitted that father of the petitioner Dalbir Singh is an Ex-serviceman. As per the policy dated 11.10.2001 one child/wife of Ex-servicemen is entitled for issuance of dependent certificate for the purpose of employment with Government. There are certain conditions attached. Dependent certificate was issued in favour of elder brother of the petitioner on 26.11.2014. It was valid for one year. No benefit was availed of by the brother of the petitioner on the basis of that certificate. As he wanted to surrender the certificate, the petitioner filed application for issuance of dependent certificate in his favour. The application was accompanied with affidavit from the father of the petitioner and the brother having no objection. However, the prayer was rejected vide communication dated 02.12.2015 while returning the application along with documents furnished by the petitioner. Assailing the same, learned counsel for the petitioner submitted that the scheme is to provide benefit of reservation to the dependents of Ex-servicemen. It is available only to one child or wife of Ex-servicemen. It is a matter of choice of the Ex-servicemen as to in whose favour he wants to get certificate of dependency, especially when other dependents have no objection. The right cannot be conferred only on the elder son and then transferred to the younger one only when he had become overage. Such a condition in the policy will be totally arbitrary and will have no nexus with object sought to be achieved. The same deserves to be set aside. In the case in hand, there is no dispute, as the elder son of the Ex-serviceman and even the Ex-serviceman, the father of the petitioner, had submitted their affidavits having no objection to the issuance of dependancy certificate to the petitioner, but still the application was rejected.

(3.) Learned counsel further referred to the judgment of this Court in Jai Narain Jakhar v. State of Haryana and others, 2013(2) S.C.T. 358 : 2012 (1) RSJ 430 where clause (f) in the same policy was challenged in terms of which married daughter of Ex-servicemen was not eligible for issuance of dependent certificate. It was held to be arbitrary declared ultra-vires. Clause was reframed by this Court to mean that even the married daughter, who does not have independent source of livelihood, will be eligible for issuance of dependent certificate. Summing up the arguments, learned counsel for the petitioner prayed that clause (k) may also be struck down and respondents be directed to issue dependancy certificate to the petitioner.