The above issue came to be examined yet again by the Government of India, Ministry of Personnel, Public Grievances Pensions Department of Personnel and Training through its memorandum dated 14.10.2004.
Queries at serial number.
And that, the income of the individual companycerned was number to be taken into companysideration.
In the present appeal, the appellant seeks to assail the aforesaid determination rendered by the High Court.
Relevant extract of the clarificatory letter dated 21.11.2002 is being reproduced below I am directed to refer to your letter No.2/25/2001 RC 1/670 dated 17 10 2002 on the above numbered subject and say that determination of creamy layer for an OBC candidate is done with reference to the income of parents as per instructions companytained in DOPTs O.M. No.36012/22/93 Estt res dated 8.9.93.
Respondent No.4 Anil Kumar Uppal, had also applied for appointment by way of direct recruitment, in response to the same advertisement in furtherance whereof, the appellant was selected and appointed .
The appellant earned 164 marks in the process of selection.
It is therefore, that respondent number4 approached the Punjab and Haryana High Court at Chandigarh hereinafter referred to as the High Court seeking an appropriate direction to the Board, requiring it to allow him respondent number4 to participate in the process of selection.
Despite the declaration of law in the judgments, referred to hereinabove, it is also necessary to take into companysideration the clarification issued by the Government of India, Ministry of Personnel, G. and Pensions Department of Personnal and Training dated 21.11.2002.
His candidature was, however, number accepted.
By an interim order passed by the High Court, respondent number4 was allowed to participate in the process of selection.
It is therefore, that he came to be appointed as Accounts Officer, by direct recruitment.
The aforesaid clarification was with reference to the office memorandum dated 8.9.1993.
In the above memorandum, a large number of queries were clarified.
emphasis is ours Based on the aforesaid companyclusion, there is really numberroom for any doubt, that the exposition with reference to category VI in the office memorandum dated 8.9.1993 related only to the income of the parents of the individual companycerned.
He made the grade, by way of merit, from amongst backward class candidates.
The above posts were to be filled up by way of direct recruitment.
S. KHEHAR, J. On 16.07.2002, the Punjab State Electricity Board hereinafter referred to as the Board took a decision to fill up 21 posts of Accounts Officer.
