Punjab-Haryana High Court
Dr. Anil Sharma vs State Of Haryana And Others on 5 August, 2013
Bench: Sanjay Kishan Kaul, Augustine George Masih
LPA No. 4 of 2012 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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LPA No. 4 of 2012 (O&M) Date of decision : August 05, 2013 ***** Dr. Anil Sharma ............Appellants Versus State of Haryana and others ...........Respondents ***** CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH, JUDGE ***** Present: Mr. D.S Patwalia, Advocate for the appellant.
Mr. Ajay Gupta, Addl.A.G, Haryana for respondents no. 1 to 3.
Mr. Ashok Tyagi, Advocate for respondents no. 4 & 5. Mr. H.N Mehtani, Advocate for respondent no.6.
***** Sanjay Kishan Kaul, Chief Justice The appeal is directed against an interlocutory order. This is an undisputed case before us that the main writ petition itself stands disposed of and thus the present appeal will not survive. Kukreja Ritu 2013.08.07 10:45
Learned counsel for the appellant, however, states that I attest to the accuracy and integrity of this document Chandigarh LPA No. 4 of 2012 2 the appellant had to approach this Court aggrieved by the interim order where the appellant was not a party and the endeavour of the appellant to become a party also did not succeed. Learned counsel, however cannot dispute that in view of the order dated 14.12.2011 passed by the learned Single Judge, no grievance has been caused to the appellant. This is so as the case of the appellant is that the post in question is a single one and the case of the appellant for appointment on promotion had already been recommended. In terms of order dated 14.12.2011, the learned Single Judge has clarified that the requisition to the Haryana Public Service Commission (hereinafter referred to as `the Commission') is to be sent for only those posts which are to be filled in by the direct recruitment. In our view, the petitioner has put the matter at rest but learned counsel for the appellant has brought our attention to the averments contained in the preliminary submissions of the reply which are as under:
"....The post of Professor in Dravyaguna is lying vacant in the department and the name of the appellant had been recommended for promotion to the said post. There is only one post of Professor in Dravyaguna. The Rules are not clear about the mode of recruitment to the said post. The answering respondent no.2 had recommended to the Government to fill up the post of Professor Dravyaguna in Shri Krishna Govt. Ayurvedic College Kurukshetra through promotion on the Kukreja Ritu 2013.08.07 10:45 I attest to the accuracy and integrity of this document Chandigarh LPA No. 4 of 2012 3 basis of experience of appellant.
4. That however, the answering respondent are duty bound to comply with the orders passed by the Hon'ble High Court and, therefore, a requisition has been sent by the respondent no.2 to the Government regarding all the vacant posts including the post of Professor in Dravyaguna vide letter dated 21.11.2011. Since then, the Haryana Public Service Commission has already published an advertisement no.6 dated 9.12.2011 to fill up the post of Professors and Readers in different department....."
Learned counsel for the appellant submits that despite the clarification by the learned Single Judge, the affidavit filed on 5.2.2012 once again relies on the orders passed by the learned Single Judge to make out a case as if learned Single Judge mandated that the post ought to be filled by direct recruitment even though it is capable of being filled through promotion and the case of the petitioner had already been forwarded for promotion.
In our view, the aforesaid controversy should not arise as the Single Judge has made it abundantly clear, that there is no mandate that the post must be filled in through direct recruitment. The Mandate is only that if it is to be filled through direct recruitment then necessary action should be taken to fill in the post through the Commission.
Kukreja Ritu2013.08.07 10:45 I attest to the accuracy and integrity of this document Chandigarh LPA No. 4 of 2012 4
The appeal stands disposed of.
Pending applications are also disposed of.
( SANJAY KISHAN KAUL )
CHIEF JUSTICE
August 05, 2013 ( AUGUSTINE GEORGE MASIH )
ritu JUDGE
Kukreja Ritu
2013.08.07 10:45
I attest to the accuracy and
integrity of this document
Chandigarh