Civil Appeals Nos. 4474-75 of 1995

27th March, 1995.

JUDGMENT

JUDGMENT :-Leave granted.

2. The only question is whether the respondents are eligible to be considered for appointment as Clerks in 'A' Class offices on the admitted position that they are not matriculates with first division. The High Court in W.P.No. 11553/93 by judgment dated 14-7-94 found them to be eligible. Admittedly, the respondents are dependents of ex-servicemen. The Government while reserving the posts for ex-servicemen, have prescribed qualifications for the posts in Class 'A' offices, as under :-

(See table on next page)

3. In the year 1979 while giving benefit of reservation to the children of Ex-Servicemen, by proceedings dated March 21, 1979, it was stated thus:

"Qualifications of the posts of Clerks, Steno-typists and Stenographers in all 'A' class offices.

Name of the post Qualifications

Clerks 1. Matric Ist Div./Higher Secondary IInd Division/ Intermediate IInd Div./Graduates or equivalent (For Ex-servicemen Matric only)

2. Knowledge of Hindi up to Matric standard.

3. Hindi/English typing at a speed of 25/30 words per minute respectively.

Steno-typist 1. Matric Ist Div. Higher Secondary Second Division / Graduate or equivalent (For Ex-servicemen Matric only)

2. Knowledge of Hindi up to Matric standard.

3. English shorthand at 80 w.p.m. and transcription thereof at 11 w.p.m.

4. Hindi shorthand at 64 w.p.m. and transcription thereof at 11 w.p.m.

Stenographer 1. Matric Ist Div./Hr. Sec. IInd Div/Intermediate IInd Div./Graduate or equivalent (For Ex-servicemen Matric only)

2. Knowledge of Hindi up to Matric standard.

3. English shorthand at 100 w.p.m. and transcription thereof at 20 w.p.m.

"Qualifications of the posts of Clerks, Steno-typists and Stenographers in all 'A' class offices.

Name of the post Qualifications

Clerks 1. Matric Ist. Div./Higher Secondary IInd Divison/Intermediate IInd Div./Graduates or equivalent (For Ex-servicemen Matric only)

2. Knowledge of Hindi up to Matric standard.

3. Hindi/English typing at a speed of 25/30 words per minute respectively.

Steno-typist 1. Matric Ist Div. Higher Secondary Second Division/Graduate or equivalent (For Ex-servicemen Matric only)

2. Knowledge of Hindi up to Matric standard.

3. English shorthand at 80 w.p.m. and transcription thereof at 11 w.p.m.

4. Hindi shorthand at 64 w.p.m. and transcription thereof at 11 w.p.m.

Stenographer 1. Matric Ist Div. / Hr. Sec. IInd Div./Intermediate IInd Div./Graduate or equivalent (For Ex-servicemen Matric only)

2. Knowledge of Hindi up to Matric standard.

3. English shorthand at 100 w.p.m. and transcription thereof at 20 w.p.m.

4. Hindi shorthand at 80 w.p.m. and transcription thereof at 15 w.p.m.

OR

English shorthand at 100 w.p.m. and transcription thereof at 20w.p.m.

"It has been observed that due to non-availability of suitable candidates for the reserved quota, the recruitment of Ex-servicemen to the civil posts is not being made to the desired extent. In view of this, it has been decided that the dependant sons and daughters of Ex-servicemen, Who fulfill all the conditions of qualifications, age etc. prescribed for various posts, should also be considered on merits for the posts reserved for the Ex-servicemen to the extent of non-availability of suitable Ex-servicemen. This entitlement would be available to one dependent child only."

(Emphasis supplied)

4. A reading of these conditions would clearly indicate that if the ex-servicemen are considered for appointment in 'A' Class offices, they may be mere Matriculate only. The qualification of First Division in Secondary or Second Division in Intermediate is necessary for general candidates. With regard to the appointments in "B" Class offices this condition was not incorporated. For children of ex-servicemen, they are required to fulfill all the conditions of qualifications prescribed for the posts and be considered on merits for appointment to the unfilled posts reserved for ex-servicemen.

5. Respondents contend that since the advertisement, Annexure R-1, dated 7-9-91, does not prescribe any distinction between 'A' class and 'B' class offices and had only mentioned about Matriculation as the respondents had secured Matriculation, they are eligible on par with ex-servicemen for appointment in 'A' class posts. We find no force as the advertisement dealt with Clerks in general; it did not say about Clerk in 'A' class office. It has already been seen that in case ex-servicemen is not available and there exists vacancy reserved for ex-serviceman, the dependent i.e. son or daughter of ex-servicemen, is eligible for consideration to appointment but subject to the candidates possessing qualifications prescribed for the posts. One of the conditions is that in case of the dependent,he shall also be required to be a Matriculation with First Division or Intermediate with Second Division. Such candidate alone is eligible for appointment in 'A' class office. The benefit of mere Matriculation is available to the ex-servicemen only. Dependent's son or daughter cannot be considered to be an Ex-serviceman. The benefit of giving reservation to the dependents is only to see that the posts reserved for ex-servicemen may not be allowed to be lapsed for non-availability of ex-servicemen.

6. Considered from this perspective, we are of the view that the respondents are not entitled for appointment in 'A' Class offices since they do not have First Division in Matriculation nor that they are ex-servicemen.

7. The appeals are accordingly allowed but in the circumstances without costs. The writ petitions filed in the High Court stand dismissed.

Appeal Allowed