January 09 v. Haryana Vidy a Vidyut Parsaran Nigam Limited

This order shall dispose of the titions f the above-mentioned writ petitions as they arise arise from a similar factual matrix. H revity, trix. However, for the sake of brevity, the facts are t ts are taken from CWP-2775-2020. PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- -2020 & 24320-2019 2

The present writ petition has be has been filed under Articles 226/227 of the Const Constitution of India for the issuan ure of issuance of a writ in the nature of Certiorari fo for quashing the impugned orde d order dated 14.01.2020 (Annexure P-8), whereb hereby the offer of appointment fo tation ent for the post of Grid Substation Operator (GS or (GSO) issued to the petitioner has tioner er has been cancelled. The petitioner further seeks seeks a direction to the respondents t arding ents to maintain status quo regarding d post. the said post.

Learned counsel for the petition at the etitioner inter alia contended that the petitioner, b ner, being an eligible candidate u f Ex- date under the Dependent of Ex Serviceman ( eman (hereinafter ‘DESM’) category, Clerk egory, applied for the post of Clerk vide Advertis dvertisement No. 10/2015 dated 24.11 ncy of 24.11.2015. During the pendency of this recruitm cruitment, the petitioner also applied tation plied for the post of Grid Substation Operator (GS or (GSO) under the same category p t No. gory pursuant to Advertisement No. 3/2016 dated dated 20.02.2016.

It is submitted that the petiti ritten petitioner appeared in the written examination ation for the post of GSO and ul on and was declared successful on

07.09.2017, t 017, thereby qualifying for the next ocess, e next stage of the selection process, namely the the interview. However, due to an y this to an interim stay granted by this Hon’ble Cou le Court in CWP No. 4728 of 2017, 2017, the interview and subsequent selection pro on process for the GSO post were n the were significantly delayed. In the interim, the r , the results for the post of Clerk we tioner erk were declared, and the petitioner was issued an ued an appointment letter dated 16.03.

16.03.2018. PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- -2020 & 24320-2019 3

Learned Counsel further empha emphasized that the petitioner, being unemployed loyed at the time and facing uncertain gation certainty due to the ongoing litigation regarding the ing the GSO post, accepted the appoin erk in appointment and joined as a Clerk in the Public H blic Health Engineering Department ling a tment on 24.05.2018 after availing a legitimate ex ate extension.

Subsequently, the stay regardi t was egarding the GSO recruitment was vacated, and d, and the HVPNL issued an offer of a er for er of appointment to the petitioner for the post of G t of GSO on 28.08.2018. However, jo due to ver, joining was again delayed due to a fresh stay i stay in CWP No. 21544 of 2018, wh ted on 18, which was eventually vacated on

06.02.2019. W

When the petitioner approached GSO, ached the respondents to join as GSO, he was verba verbally denied on the ground that he ESM that he had already availed the DESM benefit by j by joining as a Clerk. Aggrieved l, the rieved by the aforesaid denial, the petitioner app ner approached this Court vide CWP issued CWP-24320-2019. This Court issued notice to the to the respondents and during the pen n, the the pendency of the writ petition, the respondents dents passed the impugned order dat 8) er dated 14.01.2020 (Annexure P-8) whereby the y the appointment letter issued to the on the to the petitioner was cancelled on the ground that th that the benefit of dependant of Ex-se nce in serviceman is to be given once in a lifetime and me and someone who avails such ben to be ch benefits for any posts ceases to be dependent of ent of Ex-serviceman.

7. Learned counsel places reliance eliance on the official memorandum dated 14.08.2

4.08.2014 (Annexure P-7) by the Go try of the Government of India, Ministry of Personnel, P nel, Public Grievances and Pension, l and nsion, Department of personnel and training wher g wherein it is stipulated that if an Ex ultiple n Ex-Serviceman applies for multiple PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- -2020 & 24320-2019 4 vacancies bef ies before joining any civil employme enefit loyment, he/she can avail the benefit of reservation rvation for any subsequent employme ing is ployment, provided an undertaking is given to the to the employer regarding the deta arious e details of application for various vacancies. Th ies. The attention of this Court is furth cation s further drawn to the communication dated 13.04.2

3.04.2022 issued by the Government rnment of Haryana, Human Resource Department, ment, wherein it has been clarified tha ll also ied that the aforesaid benefit shall also extend to the men. to the dependants of Ex-Servicemen.

8. Moreover, learned counsel submitted controlling/su lling/supervisory authority of the pos he posts reserved for Ex-serviceman and their de eir dependants, i.e., Zila Sainik Boa k Board Ambala, in its reply dated

01.05.2019 019 (Annexure P-6) specifically “no cally clarified that they had “no objection” if on” if the petitioner joined the higher d post igher post of GSO since the said post was publishe blished and test was done prior to the to the post of Clerk. Learned counsel further place placed reliance on the judgement o f this ent of the coordinate Bench of this Court in CW CWP No. 18941 of 2009, titled a e of itled as ‘Harpreet Kaur vs. State of Punjab.’

9. Per Contra, learned counsel f d that nsel for respondents contended that according to ing to the guidelines issued by the Raj he Rajya Sainik Board, Haryana dated

11.10.2001 ( 001 (Annexure R-6), the benefit o an be efit of the DESM category can be availed only only once in a lifetime. Once a perso dhoc, a person secures employment (adhoc, contract, or r t, or regular) using this quota, they ce future hey cease to be a dependent for future appointments tments. It was further submitted that s that since the petitioner was working PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- -2020 & 24320-2019 5 as a Clerk o lerk on the date of document verific as no verification (15.03.2019), he was no longer a “dep a “dependent”.

10. Moreover, the respondents argu ctions ts argued that the DOPT instructions dated 14.08.2

4.08.2014 and the subsequent notifica efense otification by the Ministry of Defense dated 31.03.

31.03.2017 (Annexure P-15 in CWP fically CWP 24320-2019) are specifically applicable to ble to Ex-Servicemen (ESM) and not d not to their dependents (DESM). OBSERVAT RVATION & ANALYSIS

11. I have heard the learned cou d counsel for the parties and have perused the r d the record with their able assistance efit of stance. With regards to the benefit of DESM categ category, the Secretary, Rajya Sain letter a Sainik Board, Haryana vide letter dated 11.01.2

1.01.2001 (Annexure R-6) had issued issued guidelines stating that the same can be claim claimed only once in a lifetime. s are fetime. The relevant guidelines are reproduced a uced as under: “(i) Th once in as dep contra appoin 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. - Serviceman will be given only o avails the chance of employment for any kind of post i.e. adhoc, hoc, dependent of Ex-Serviceman for xx xx x xx xx (o) A Depar post w ) A dependent of Ex-servicemen epartment, later on, asks for new el st will not be issued a dependent cer men, who is working in Govt. ovt. w eligibility certificate for a higher t certificate.”

12. Thereafter, the fate of Ex-serv d for servicemen who had applied for various exam s examination/ vacancies before joinin ed by joining civil posts was considered by the Governm vernment of India, Ministry of Pers s and f Personnel, Public Grievances and PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- -2020 & 24320-2019 6 pension, Dep n, Department of personnel and Trai n this d Training and a clarification in this regard vide c vide communication dated 14.08.201 ssued. 08.2014 (Annexure P-7) was issued. Accordingly, ingly, it was decided that if an ex arious n ex-serviceman applies for various vacancies bef ies before joining any civil employme enefit loyment, he/she can avail the benefit of reservation rvation as Ex-serviceman for any subs ever, y subsequent employment. However, to avail the b l the benefit, a self declaration/underta e Ex- undertaking must be given by the Ex serviceman a man as soon as he/she joins the initi ut the e initial civil employment about the date-wise det ise details of application for various of the rious vacancies.

Relevant part of the communicati nication dated 14.08.2014 (Annexure exure P-7) is reproduced as under: “3. An the arm case h results for ex to the affecti recruit 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 e of his release or discharge from s for more than one vacancy, but in ut in n of 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. The matter has, therefore, been c 4. The epartment of Ex- servicemen, Minist Depar cided that if an ex-serviceman a decide fore joining any civil employment, before reservation as ex-serviceman for of rese owever, to avail of this benefit, a Howev /she he/she claration/undertaking to the conce declara ise details of application for variou wise d d applied for before joining the ini had ap is benefit would be available only in this be led on direct recruitment and where filled o the ex 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 ent. for any subsequent employment. fit, an ex-serviceman as soon as self- should ate- oncerned employer about the date arious vacancies for which he/she /she ther, e initial civil employment. Further, ly in respect of vacancies which are le to herever reservation is applicable to ex-servicemen.” ployment, plied) (Emphasis supplied) PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- -2020 & 24320-2019 7

13. Moreover, it must be pointe f the pointed out that in view of the communicati nication dated 13.04.2022 issued by ryana, ed by the Government of Haryana, Human Reso Resource Department, the aforesaid icable resaid instructions are also applicable to the depend ependents of the Ex-servicemen. Acco t of an . Accordingly, if any dependent of an Ex-servicema viceman applies for various vacanc vacancies before joining any civil employment, ment, he/she can avail the benefit of r of Ex- fit of reservation as dependent of Ex serviceman f man for any subsequent employment its the yment, provided that he submits the self-declarati claration/undertaking. The material pa is set rial part of the communication is set out below for ow for ease of reference: “I am followi am directed to invite your attention mber, dated 9th March, 2022 on th llowing provision was made in para ntion to Government instructions of s of on the subject cited above in which ara 2 (C):- (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. pplies for various vacancies before it of ent, he/she can avail the benefit of an for any one of the subsequent ex- to avail of this benefit, an ex ent, 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

2. In t allowe family selecti was/we the fam reserva 2(C) a service 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.” the benefit of reservation has been man himself/herself or one of his pouse) therefore the provision of the posts for which application(s) n(s) le to service shall also be applicable to are eligible to avail the benefit of it of instructions. In other words, para Ex- ble to the family members of Ex PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- -2020 & 24320-2019 8

14. In view of the above, this Cou pinion is Court is of the considered opinion plied) (Emphasis supplied) that the lette e letter dated 11.01.2001 (Annexure retary, exure R-6) issued by the Secretary, Rajya Sainik Sainik Board, Haryana, stipulating th ESM ing that the benefit under the DESM category can ry can be availed only once in a lifetim lifetime, must be read subject to the subsequent co uent communication dated 14.08.2014 fied in .2014 (Annexure P-7). As clarified in the said com d communication, Ex-Servicemen an en and their dependants often apply for multiple ltiple vacancies, and if an applicant ue to licant joins civil employment due to early declara eclaration of results or selection, he o ntitled n, he or she would not be disentitled from claimin laiming the benefit of reservation for s n for subsequent employment merely on the groun ground that such benefit had been e f such been earlier claimed. Denial of such benefit wou would adversely affect the prospec rospects of Ex-Servicemen and their dependents in ents in seeking suitable employment th ment through direct recruitment.

15. Moreover, being unemployed g for loyed at the time of applying for various vacan s vacancies, Ex-Servicemen or their de ted to heir dependents cannot be expected to remain idle in idle in anticipation of uncertain outco outcomes. It is, therefore, reasonable and just that st that where an Ex-Serviceman or es for an or his/her dependant applies for multiple vac le vacancies prior to joining any civ fit of ny civil employment, the benefit of reservation fo tion for subsequent employment shou to the nt should be available, subject to the furnishing o ing of an undertaking to the empl ils of employer disclosing the details of applications m tions made for various posts.

16. Adverting to the facts of the pre d that the present case, it is undisputed that the petitioner itioner applied for both the post of Cle nd the of Clerk (Advt. No. 10/2015) and the PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- -2020 & 24320-2019 9 post of Gri f Grid Substation Operator (Advt. (Advt. No. 3/2016) while he was unemployed loyed under the category of dependen ection endent Ex-serviceman. The selection process for t s for the GSO post was significantly n and icantly delayed due to litigation and subsequent st uent stay orders. During this period of r was riod of uncertainty, the petitioner was offered the p the post of Clerk on 16.03.2018 and .2018. 8 and joined the same on 24.05.2018. It was only s only subsequently, after the vacation o ndent- ation of the stay, that the respondent Nigam issued issued him an offer of appointment fo

018. ent for the GSO post on 28.08.2018.

17. The primary contention of the tioner f the respondents, that the petitioner ceased to b to be a “dependent” the momen rk, is moment he joined as a Clerk, is unsustainable ainable in the eyes of law. A coord coordinate Bench of this Court i urt in Harpreet Ka t Kaur vs. State of Punjab (CWP cision (CWP No. 18941 of 2009, decision dated 22.07.2

2.07.2011) dealt with an identical situ of an cal situation where a dependent of an Ex-servicema viceman accepted a lower post (ETT) s of a (ETT) while awaiting the results of a selection pro on process for a higher post (Social S case, ocial Studies Mistress). In that case, this Court he urt held that an unemployed youth ca le and uth cannot be expected to sit idle and “allow the g he grass to grow under her feet” w ertain ” while anticipating an uncertain outcome.

18. Following the ratio in Harpreet lity of preet Kaur (supra), the eligibility of a candidate u idate under the DESM category mus e date y must be considered as of the date when such el uch eligibility was to be determined, e date ined, which in this case was the date of the origin original scheduled date of counseling r was nseling/interview. The petitioner was undeniably a ably a dependent at the time of th ate of of the original scheduled date of counseling/in ling/interview for the post of GSO ot be GSO (23.03.2017). He cannot be PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- -2020 & 24320-2019 10 penalized fo ed for seeking gainful employmen o the oyment in the interim due to the administrativ strative and legal delays. To hold oth ld otherwise would lead to an absurd situation wh n where a candidate is punished f shed for their diligence in seeking employment ment during an inordinately delayed eless, layed selection process. Nevertheless, even if the pe the petitioner had joined the post of C d date st of Clerk prior to the scheduled date of counsellin nselling/interview for the post of GSO ost of f GSO, his eligibility for the post of GSO would ould not be affected, provided he h self- he had furnished the requisite self declaration/u tion/undertaking at the time of joining joining the initial post, in accordance with the DoP e DoPT Memorandum dated 14.08.201 .08.2014.

19. Furthermore, the clarification is oard, tion issued by the Zila Sainik Board, Ambala on a on 01.05.2019 (Annexure P-6) sp d “no 6) specifically stated they had “no objection” to on” to the petitioner joining the high levant e higher post of GSO. The relevant excerpt of th t of the reply dated 01.05.2019 of the ala is of the Zila Sainik Board, Ambala is reproduced a uced as under: "It is in permit higher vacanc 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 al is jection from this side if individual is y in ndent of Ex-serviceman vacancy in hed and test done earlier than clerk nclosed herewith as per Appendix. DETAILS OF BO BOTH POSTS Sr. Name of e of Adv No Date publication Test/ Exam Result o Date ission submission online application Closing submission application Sub 1. Grid Sub

20.02.2016 2016 05.03.2016

04.4.2016 22.6.2016 August Station Operator PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document 2018 CWP-2775- -2020 & 24320-2019 11

2. Clerk 10/2015 24.11.2015 2016 10.05.2016

20.5.2016 Sep 2016 March 18” 2018”

In light of the above-mentioned oard, tioned reply of the Zila Sainik Board, Ambala coup a coupled with the DOPT Memorand d the morandum dated 14.08.2014 and the Haryana Gov a Government instruction dated 13. of the ed 13.04.2022, this Court is of the considered o ered opinion that the petitioner in the in the present case cannot be denied the benefit o nefit of DESM category for the post erator. e post of Grid Sub Station Operator. Consequently uently, the impugned order dated 14.0 ed 14.01.2020 (Annexure P-8), which cancelled the led the petitioner’s appointment on of the t on the rigid interpretation of the guidelines da nes dated 11.10.2001 (Annexure R-6) ntrary 6), is legally flawed and contrary to the benefi beneficial objective of the reservation n and rvation policy for Ex-servicemen and their depende ependents. CONCLUSI LUSION

In view of the foregoing di 20 is ing discussion, CWP-2775-2020 is allowed. The d. The impugned order dated 14.01.2 4.01.2020 (Annexure P-8) is hereby quashed and d and set aside. The respondents are d itioner ts are directed to permit the petitioner to join as a as a Grid Substation Operator (G fer of tor (GSO) pursuant to the offer of appointment tment dated 28.08.2018 (Annexure all be exure P-2). The petitioner shall be entitled to al to all consequential benefits, includ ate of including seniority, deemed date of appointment tment and notionally fixed pay from t in the from the date other candidates in the same selectio election batch joined, though salary itioner lary shall be payable to the petitioner only from the om the date of his actual joining on the on the post. PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document CWP-2775- -2020 & 24320-2019 12

In light of the relief granted i earlier nted in CWP-2775-2020, the earlier petition CW n CWP-24320-2019 is disposed o sed of as having been rendered uous. infructuous.

Pending miscellaneous applica pplications, if any, shall also stand ed of. disposed of. Photocopy of this order be plac nected e placed on the file of the connected

case. RAR) (HARPREET SINGH BRAR) JUDGE January 09 P.C 09, 2026 Whether speaking/reasone Whether Reportable. : easoned. : Yes/No Yes/No PUNEET CHAWLA 2026.01.14 16:42 I attest to the accuracy and integrity of this document