Punjab-Haryana High Court
Haryana Vidyut Prasaran Nigam Limited vs Garima Jindal And Another on 9 November, 2012
Bench: A.K. Sikri, Rakesh Kumar Jain
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Letters Patent Appeal No.1775 of 2012 (O&M)
DATE OF DECISION: November 09, 2012
Haryana Vidyut Prasaran Nigam Limited
.....Appellant
versus
Garima Jindal and another
.....Respondents
CORAM:- HON'BLE MR.JUSTICE A.K. SIKRI, CHIEF JUSTICE
HON'BLE MR. JUSTICE RAKESH KUMAR JAIN, JUDGE
Present: Mr.Mohnish Sharma, Advocate for the appellant
Mr.R.K. Malik, Senior Advocate with
Mr.Samrat Malik, Advocate for the caveators/
respondent No.1
..
A.K. SIKRI, C.J.: (Oral)
The admitted facts are that Haryana Staff Selection Commission vide Advertisement No.1/2009 dated 10.1.2009 had advertised various posts which included 42 posts of Junior Accountant. Twenty of these posts were earmarked for General Category and others were reserved under different categories, which included 3 posts in Ex-serviceman Category. It is also an admitted case that on the basis of selection, respondent No.1 herein was placed at Serial No.1 in the waiting-list. The Selection Commission could not find sufficient candidates in the ex-serviceman reserved category. As per the extant rules, such posts are to be diverted to General Category. As a consequence, the respondent No.1, who was at Serial No.1 in the LPA-1775-2012 -2- waiting-list, was entitled to appointment, as the posts were available. Discussing these very aspects in detail with reference to the rule position and case law, the learned single Judge has directed for appointment of respondent No.1 as Junior Accountant with effect from the date her other batch mates were appointed. At the same time, actual arrears of pay are denied to her.
We do not find any error in the impugned judgment. The appeal is devoid of any merit and is, accordingly, dismissed.
( A.K. SIKRI )
CHIEF JUSTICE
November 09, 2012 (RAKESH KUMAR JAIN)
pc JUDGE
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