CWP-2775- IN TH 203 1) Sandeep Sing Haryana Vidy 2) Sandeep Sing Uttar Haryan CORAM: Present : HARPREET 1. as they arise the facts are t 1 -2020 & 24320-2019 N THE HIGH COURT OF PUNJA AT CHANDIGA Date of De p Singh VERSUS a Vidyut Parsaran Nigam Limited (HV p Singh VERSUS aryana Bijli Vitran Nigam and others HON'BLE MR. JUSTICE HA Mr. A.P.S Sandhu, Advocate for Mr. Gaurav Jindal, Advocate for Mr. Piyush Khanna, Addl. AG H **** REET SINGH BRAR, J. (Oral) This order shall dispose of the arise from a similar factual matrix. H ts are taken from CWP-2775-2020. NJAB AND HARYANA DIGARH of Decision: January 09, 2026 CWP-2775-2020 .....Petitioner SUS ed (HVPNL) and others ...Responden CWP-24320-2019 .....Petitioner SUS others ...Responden HARPREET SINGH BRAR te for the petitioner(s). ate for respondents No.1 to 3. AG Haryana. f the above-mentioned writ petitions trix. However, for the sake of brevity, itioner ondents 2019 itioner ondents titions revity, PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- 2. of the Const Certiorari fo P-8), whereb Operator (GS further seeks the said post. 3. petitioner, b Serviceman ( vide Advertis this recruitm Operator (GS 3/2016 dated 4. examination 07.09.2017, t namely the Hon’ble Cou selection pro interim, the r was issued an 2 -2020 & 24320-2019 The present writ petition has be Constitution of India for the issuan for quashing the impugned orde hereby the offer of appointment fo or (GSO) issued to the petitioner has seeks a direction to the respondents t d post. Learned counsel for the petition ner, being an eligible candidate u eman (hereinafter ‘DESM’) category, dvertisement No. 10/2015 dated 24.11 cruitment, the petitioner also applied or (GSO) under the same category p dated 20.02.2016. It is submitted that the petiti ation for the post of GSO and 017, thereby qualifying for the next the interview. However, due to an le Court in CWP No. 4728 of 2017, on process for the GSO post were , the results for the post of Clerk we ued an appointment letter dated 16.03. has been filed under Articles 226/227 issuance of a writ in the nature of d order dated 14.01.2020 (Annexure ent for the post of Grid Substation er has been cancelled. The petitioner ents to maintain status quo regarding etitioner inter alia contended that the date under the Dependent of Ex egory, applied for the post of Clerk 24.11.2015. During the pendency of plied for the post of Grid Substation gory pursuant to Advertisement No. petitioner appeared in the written and was declared successful on e next stage of the selection process, to an interim stay granted by this 2017, the interview and subsequent were significantly delayed. In the erk were declared, and the petitioner 16.03.2018. 6/227 ure of exure tation tioner arding at the f Ex- Clerk ncy of tation t No. ritten ul on ocess, y this quent n the tioner PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- 5. unemployed regarding the the Public H legitimate ex 6. vacated, and the post of G a fresh stay i 06.02.2019. W he was verba benefit by j petitioner app notice to the respondents whereby the ground that th a lifetime and dependent of 7. dated 14.08.2 Personnel, P training wher 3 -2020 & 24320-2019 Learned Counsel further empha loyed at the time and facing uncertain ing the GSO post, accepted the appoin blic Health Engineering Department ate extension. Subsequently, the stay regardi d, and the HVPNL issued an offer of a t of GSO on 28.08.2018. However, jo stay in CWP No. 21544 of 2018, wh 019. When the petitioner approached verbally denied on the ground that he by joining as a Clerk. Aggrieved ner approached this Court vide CWP to the respondents and during the pen dents passed the impugned order dat y the appointment letter issued to the that the benefit of dependant of Ex-se me and someone who avails such ben ent of Ex-serviceman. Learned counsel places reliance 4.08.2014 (Annexure P-7) by the Go nel, Public Grievances and Pension, g wherein it is stipulated that if an Ex emphasized that the petitioner, being certainty due to the ongoing litigation appointment and joined as a Clerk in tment on 24.05.2018 after availing a egarding the GSO recruitment was er of appointment to the petitioner for ver, joining was again delayed due to 18, which was eventually vacated on ached the respondents to join as GSO, that he had already availed the DESM rieved by the aforesaid denial, the CWP-24320-2019. This Court issued the pendency of the writ petition, the er dated 14.01.2020 (Annexure P-8) to the petitioner was cancelled on the serviceman is to be given once in ch benefits for any posts ceases to be eliance on the official memorandum the Government of India, Ministry of nsion, Department of personnel and n Ex-Serviceman applies for multiple being gation erk in ling a t was er for due to ted on GSO, ESM l, the issued n, the 8) on the nce in to be ndum try of l and ultiple PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- vacancies bef of reservation given to the vacancies. Th dated 13.04.2 Department, extend to the 8. controlling/su and their de 01.05.2019 objection” if was publishe further place Court in CW Punjab.’ 9. according to 11.10.2001 ( availed only contract, or r appointments 4 -2020 & 24320-2019 ies before joining any civil employme rvation for any subsequent employme to the employer regarding the deta ies. The attention of this Court is furth 3.04.2022 issued by the Government ment, wherein it has been clarified tha to the dependants of Ex-Servicemen. Moreover, learned couns lling/supervisory authority of the pos eir dependants, i.e., Zila Sainik Boa 019 (Annexure P-6) specifically on” if the petitioner joined the higher blished and test was done prior to the placed reliance on the judgement o CWP No. 18941 of 2009, titled a Per Contra, learned counsel f ing to the guidelines issued by the Raj 001 (Annexure R-6), the benefit o only once in a lifetime. Once a perso t, or regular) using this quota, they ce tments. It was further submitted that s loyment, he/she can avail the benefit ployment, provided an undertaking is e details of application for various s further drawn to the communication rnment of Haryana, Human Resource ied that the aforesaid benefit shall also men. counsel submitted that the he posts reserved for Ex-serviceman k Board Ambala, in its reply dated cally clarified that they had “no igher post of GSO since the said post to the post of Clerk. Learned counsel ent of the coordinate Bench of this itled as ‘Harpreet Kaur vs. State of nsel for respondents contended that he Rajya Sainik Board, Haryana dated efit of the DESM category can be a person secures employment (adhoc, hey cease to be a dependent for future that since the petitioner was working enefit ing is arious cation ource ll also the ceman dated “no d post unsel f this e of d that dated an be dhoc, future rking PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- as a Clerk o longer a “dep 10. dated 14.08.2 dated 31.03. applicable to OBSERVAT 11. perused the r DESM categ dated 11.01.2 can be claim reproduced a “(i) Th once in as dep contra appoin xx xx x (o) A Depar post w 12. various exam the Governm 5 -2020 & 24320-2019 lerk on the date of document verific a “dependent”. Moreover, the respondents argu 4.08.2014 and the subsequent notifica 31.03.2017 (Annexure P-15 in CWP ble to Ex-Servicemen (ESM) and not RVATION & ANALYSIS I have heard the learned cou d the record with their able assistance category, the Secretary, Rajya Sain 1.01.2001 (Annexure R-6) had issued claimed only once in a lifetime. uced as under: i) The benefit of dependent of Ex- ce in life time and someone who av dependent of Ex-Serviceman for ntract, regular ceases to be dep pointment. xx xx ) A dependent of Ex-servicemen epartment, later on, asks for new el st will not be issued a dependent cer Thereafter, the fate of Ex-serv s examination/ vacancies before joinin vernment of India, Ministry of Pers verification (15.03.2019), he was no ts argued that the DOPT instructions otification by the Ministry of Defense CWP 24320-2019) are specifically d not to their dependents (DESM). d counsel for the parties and have stance. With regards to the benefit of a Sainik Board, Haryana vide letter issued guidelines stating that the same fetime. The relevant guidelines are - Serviceman will be given only o avails the chance of employment for any kind of post i.e. adhoc, dependent of Ex-Serviceman for men, who is working in Govt. w eligibility certificate for a higher t certificate.” servicemen who had applied for joining civil posts was considered by f Personnel, Public Grievances and as no ctions efense fically have efit of letter same s are only ent hoc, for ovt. gher d for ed by s and PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- pension, Dep regard vide c Accordingly, vacancies bef of reservation to avail the b serviceman a date-wise det communicati “3. An the arm case h results for ex to the affecti recruit 4. The Depar decide before of rese Howev he/she declara wise d had ap this be filled o the ex 6 -2020 & 24320-2019 n, Department of personnel and Trai vide communication dated 14.08.201 ingly, it was decided that if an ex ies before joining any civil employme rvation as Ex-serviceman for any subs l the benefit, a self declaration/underta man as soon as he/she joins the initi ise details of application for various nication dated 14.08.2014 (Annexure An ex-serviceman at the time of e armed forces normally applies for se he/she joins any civil employme sults/selection, he/she is not entitled r ex-servicemen for subsequent em the notice of this Department that fecting the chances of ex-servic cruitment for subsequent suitable em The matter has, therefore, been c epartment of Ex- servicemen, Minist cided that if an ex-serviceman a fore joining any civil employment, reservation as ex-serviceman for owever, to avail of this benefit, a /she joins any civil emplo claration/undertaking to the conce ise details of application for variou d applied for before joining the ini is benefit would be available only in led on direct recruitment and where ex-servicemen.” d Training and a clarification in this 08.2014 (Annexure P-7) was issued. n ex-serviceman applies for various loyment, he/she can avail the benefit y subsequent employment. However, undertaking must be given by the Ex e initial civil employment about the rious vacancies. Relevant part of the exure P-7) is reproduced as under: e of his release or discharge from s for more than one vacancy, but in oyment due to early declaration of titled for the benefit of reservation t employment. It has been brought that the aforesaid instructions are ervicemen in the case of direct le employment. en considered in consultation with inistry of Defence. It has now been an applies for various vacancies ent, he/she can avail of the benefit for any subsequent employment. fit, an ex-serviceman as soon as ployment, should give self oncerned employer about the date arious vacancies for which he/she e initial civil employment. Further, ly in respect of vacancies which are herever reservation is applicable to (Emphasis supplied) n this ssued. arious enefit ever, e Ex- ut the of the rom ut in n of tion ught are irect with been cies nefit ent. as self- ate- /she ther, are le to plied) PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- 13. communicati Human Reso to the depend Ex-servicema employment, serviceman f self-declarati out below for “I am numbe followi 2. In t allowe family selecti was/we the fam reserva 2(C) a service 7 -2020 & 24320-2019 Moreover, it must be pointe nication dated 13.04.2022 issued by Resource Department, the aforesaid ependents of the Ex-servicemen. Acco viceman applies for various vacanc ment, he/she can avail the benefit of r man for any subsequent employment claration/undertaking. The material pa ow for ease of reference: am directed to invite your attention mber, dated 9th March, 2022 on th llowing provision was made in para (C) If an ex-serviceman applie joining any civil employment, h reservation as ex-serviceman f employments. However, to a serviceman as soon as he/she should give self- declaration/u employer about the date-wise de vacancies for which he/she had initial civil employment. Fu admissible only in respect of direct recruitment and wherever ex-servicemen. In the above said instructions the lowed either to the Ex-serviceman mily members (son/daughter/spous lection of any one post out of the s/were submitted before joining ser e family members where they are servation under the above said inst C) above shall also be applicable rvicemen also.” pointed out that in view of the ed by the Government of Haryana, resaid instructions are also applicable . Accordingly, if any dependent of an vacancies before joining any civil fit of reservation as dependent of Ex yment, provided that he submits the rial part of the communication is set ntion to Government instructions of on the subject cited above in which ara 2 (C):- pplies for various vacancies before ent, he/she can avail the benefit of an for any one of the subsequent to avail of this benefit, an ex e/she joins any civil employment, ion/undertaking to the concerned ise details of application for various had applied for before joining the Further, this benefit would be of vacancies which are filled by ever reservation is applicable to the the benefit of reservation has been man himself/herself or one of his pouse) therefore the provision of the posts for which application(s) service shall also be applicable to are eligible to avail the benefit of instructions. In other words, para ble to the family members of Ex f the ryana, icable t of an civil of Ex- its the is set s of hich fore it of uent ex- ent, rned ious the be by the been his of n(s) le to it of para Ex- PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- 14. that the lette Rajya Sainik category can subsequent co the said com for multiple early declara from claimin on the groun benefit wou dependents in 15. various vacan remain idle in and just that multiple vac reservation fo furnishing o applications m 16. the petitioner 8 -2020 & 24320-2019 In view of the above, this Cou e letter dated 11.01.2001 (Annexure Sainik Board, Haryana, stipulating th ry can be availed only once in a lifetim uent communication dated 14.08.2014 d communication, Ex-Servicemen an ltiple vacancies, and if an applicant eclaration of results or selection, he o laiming the benefit of reservation for s ground that such benefit had been e would adversely affect the prospec ents in seeking suitable employment th Moreover, being unemployed s vacancies, Ex-Servicemen or their de idle in anticipation of uncertain outco st that where an Ex-Serviceman or le vacancies prior to joining any civ tion for subsequent employment shou ing of an undertaking to the empl tions made for various posts. Adverting to the facts of the pre itioner applied for both the post of Cle (Emphasis supplied) is Court is of the considered opinion exure R-6) issued by the Secretary, ing that the benefit under the DESM lifetime, must be read subject to the .2014 (Annexure P-7). As clarified in en and their dependants often apply licant joins civil employment due to n, he or she would not be disentitled n for subsequent employment merely been earlier claimed. Denial of such rospects of Ex-Servicemen and their ment through direct recruitment. loyed at the time of applying for heir dependents cannot be expected to outcomes. It is, therefore, reasonable an or his/her dependant applies for ny civil employment, the benefit of nt should be available, subject to the employer disclosing the details of the present case, it is undisputed that of Clerk (Advt. No. 10/2015) and the plied) pinion retary, ESM the fied in apply ue to ntitled erely f such their g for ted to nable es for fit of to the ils of d that nd the PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- post of Gri unemployed process for t subsequent st offered the p It was only s Nigam issued 17. ceased to b unsustainable Harpreet Ka dated 22.07.2 Ex-servicema selection pro this Court he “allow the g outcome. 18. a candidate u when such el of the origin undeniably a counseling/in 9 -2020 & 24320-2019 f Grid Substation Operator (Advt. loyed under the category of dependen s for the GSO post was significantly uent stay orders. During this period of the post of Clerk on 16.03.2018 and only subsequently, after the vacation o issued him an offer of appointment fo The primary contention of the to be a “dependent” the momen ainable in the eyes of law. A coord t Kaur vs. State of Punjab (CWP 2.07.2011) dealt with an identical situ viceman accepted a lower post (ETT) on process for a higher post (Social S urt held that an unemployed youth ca he grass to grow under her feet” w Following the ratio in Harpreet idate under the DESM category mus uch eligibility was to be determined, original scheduled date of counseling ably a dependent at the time of th ling/interview for the post of GSO (Advt. No. 3/2016) while he was endent Ex-serviceman. The selection icantly delayed due to litigation and riod of uncertainty, the petitioner was 8 and joined the same on 24.05.2018. ation of the stay, that the respondent ent for the GSO post on 28.08.2018. f the respondents, that the petitioner moment he joined as a Clerk, is coordinate Bench of this Court i (CWP No. 18941 of 2009, decision cal situation where a dependent of an (ETT) while awaiting the results of a ocial Studies Mistress). In that case, uth cannot be expected to sit idle and ” while anticipating an uncertain preet Kaur (supra), the eligibility of y must be considered as of the date ined, which in this case was the date nseling/interview. The petitioner was of the original scheduled date of GSO (23.03.2017). He cannot be was ection n and r was .2018. ndent- 018. tioner rk, is urt in cision of an s of a case, le and ertain lity of e date e date r was ate of ot be PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- penalized fo administrativ situation wh employment even if the pe of counsellin GSO would declaration/u with the DoP 19. Ambala on objection” to excerpt of th reproduced a "It is in permit higher vacanc Sr. no Name of post 1. Grid Sub Station Operator 10 -2020 & 24320-2019 ed for seeking gainful employmen strative and legal delays. To hold oth n where a candidate is punished f ment during an inordinately delayed the petitioner had joined the post of C nselling/interview for the post of GSO ould not be affected, provided he h tion/undertaking at the time of joining e DoPT Memorandum dated 14.08.201 Furthermore, the clarification is a on 01.05.2019 (Annexure P-6) sp on” to the petitioner joining the high t of the reply dated 01.05.2019 of the uced as under: t is intimated that there is no objecti rmitted to join under the dependen gher post as this post was published cancy. detail of both posts are enclo DETAILS OF BO e of Adv No Date of publication Date o submission of onlin application Sub ator 3/2016 20.02.2016 05.03.2016 oyment in the interim due to the ld otherwise would lead to an absurd shed for their diligence in seeking layed selection process. Nevertheless, st of Clerk prior to the scheduled date f GSO, his eligibility for the post of he had furnished the requisite self joining the initial post, in accordance .08.2014. tion issued by the Zila Sainik Board, 6) specifically stated they had “no e higher post of GSO. The relevant of the Zila Sainik Board, Ambala is jection from this side if individual is ndent of Ex-serviceman vacancy in hed and test done earlier than clerk nclosed herewith as per Appendix. BOTH POSTS of ission online ation Closing date of submission of application Test/ Exam Result 2016 04.4.2016 22.6.2016 August 2018 o the bsurd eking eless, d date ost of self- dance oard, d “no levant ala is al is y in lerk sult gust PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- 20. Ambala coup Haryana Gov considered o the benefit o Consequently cancelled the guidelines da to the benefi their depende CONCLUSI 21. allowed. The quashed and to join as a appointment entitled to al appointment same selectio only from the 2. Clerk 11 -2020 & 24320-2019 In light of the above-mentioned a coupled with the DOPT Memorand a Government instruction dated 13. ered opinion that the petitioner in the nefit of DESM category for the post uently, the impugned order dated 14.0 led the petitioner’s appointment on nes dated 11.10.2001 (Annexure R-6) beneficial objective of the reservation ependents. LUSION In view of the foregoing di d. The impugned order dated 14.01.2 d and set aside. The respondents are d as a Grid Substation Operator (G tment dated 28.08.2018 (Annexure to all consequential benefits, includ tment and notionally fixed pay from t election batch joined, though salary om the date of his actual joining on the 10/2015 24.11.2015 10.05.2016 tioned reply of the Zila Sainik Board, morandum dated 14.08.2014 and the ed 13.04.2022, this Court is of the in the present case cannot be denied e post of Grid Sub Station Operator. ed 14.01.2020 (Annexure P-8), which t on the rigid interpretation of the 6), is legally flawed and contrary rvation policy for Ex-servicemen and ing discussion, CWP-2775-2020 is 4.01.2020 (Annexure P-8) is hereby ts are directed to permit the petitioner tor (GSO) pursuant to the offer of exure P-2). The petitioner shall be including seniority, deemed date of from the date other candidates in the lary shall be payable to the petitioner on the post. 2016 20.5.2016 Sep 2016 March 2018” oard, d the of the enied erator. which of the ntrary n and 20 is ereby itioner fer of all be ate of in the itioner rch 18” PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- 22. petition CW infructuous. 23. disposed of. 24. case. January 09 P.C 12 -2020 & 24320-2019 In light of the relief granted i n CWP-24320-2019 is disposed o uous. Pending miscellaneous applica ed of. Photocopy of this order be plac 09, 2026 Whether speaking/reasone Whether Reportable. : nted in CWP-2775-2020, the earlier sed of as having been rendered pplications, if any, shall also stand e placed on the file of the connected (HARPREET SINGH BRAR) JUDGE easoned. : Yes/No Yes/No earlier dered stand nected RAR) PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document