Punjab-Haryana High Court
Satish Kumar vs Haryana Staff Selection Commission on 29 September, 2014
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 19387 of 2010 (O&M)
Judgement reserved on 12.9.2014
Date of Decision: 24.09.2014.
Satish Kumar --Petitioner
Versus
Haryana Staff Selection Commission
& another --Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. Shakti Bhardwaj, Advocate for the petitioner.
Mr. Harish Rathee, Sr. D.A.G., Haryana.
***
TEJINDER SINGH DHINDSA.J Petitioner has filed the instant writ petition impugning the memo dated 6.10.2010 at Annexure P-4 issued from the office of Labour Commissioner, Haryana, whereby his request as regards extension in joining time for the post of Junior Scale Stenographer (Hindi), has been declined.
The brief facts that would require notice are that the petitioner joined service with the Prison Department, State of Haryana on the post of Warder on 25.9.2003. He has, thereafter earned promotions as Clerk on 12.11.2009 and as Steno Typist on 5.2.2010. The Haryana Staff Selection Commission (herein after to be referred as the Commission) issued Advertisement No.1/2008 inviting applications for recruitment to various posts including 19 posts of Junior Scale Stenographer (Hindi). Out of these, one post was reserved for B.C. (A) category of Labour Department, Haryana. The petitioner, who belongs to the B.C. (A) category, applied for the post in question and in pursuance to a selection process was recommended for appointment by the Commission.
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In pursuance to such recommendation, the petitioner was issued an appointment letter dated 28.1.2010 from the office of Labour Commissioner, Haryana for joining on the post of Junior Scale Stenographer (Hindi). As per terms and conditions of such appointment letter the petitioner was to report for duty within a period of 15 days from the receipt of the letter. As per pleaded case of the petitioner since he had applied for the post in question through proper channel, accordingly, he took steps to procure a No Objection Certificate from his parent department i.e. Prison Department, Haryana so as to get the benefit of his past service. Since such No Objection Certificate was not forthcoming, accordingly, the petitioner could not join the post in question within the stipulated period of 15 days as per appointment letter dated 28.1.2010. Apparently, repeated requests were made for grant of extension in joining time. Vide impugned memo dated 6.10.2010, the petitioner has been informed that the Labour Commissioner, Haryana has taken a decision to file the request.
Upon notice of motion having been issued, separate replies have been filed on behalf of the Commission, respondent no.3 as also Labour Commissioner, Haryana, respondent no.2.
Learned counsel appearing for the petitioner would vehemently contend that the action of the respondent authorities in not acceding to the request of the petitioner as regards grant of extension of joining time is arbitrary and illegal. It has been argued that the petitioner was eligible for the post in question, had applied for the post and in the process of selection had been found meritorious. It is contended that upon selection and recommendation having been made by the Commission in favour of the petitioner, he was vested with a right to secure appointment on the post in LUCKY 2014.09.25 10:19 I attest to the accuracy and authenticity of this document chandigarh CWP No. 19387 of 2010 (O&M) -3- question. Counsel would even question the action of respondent no.2 by referring to the averments made in para 7 of the writ petition and as per which the petitioner having made a representation for grant of extension of joining time, received no response till 12.3.2010 but thereafter is stated to have received a letter dated 12.3.2010 (Annexure P-2), which was allegedly received by the petitioner on 15.3.2010 and calling upon him to join on the post till 11.3.2010. As such, it has been argued that the respondent- department has proceeded with an ulterior motive so as to oust a bonafide claim of the petitioner to join on the post and to accommodate some other candidate, who was lower in merit.
Counsel would also raise an alternate prayer by adverting to a communication dated 2.3.2010 placed on record at Annexure P-3 in terms of which the Director General of Prisons, Haryana had made a request to the Commission that there is a vacancy of Junior Scale Stenographer (Hindi) in the Prison Department itself and accordingly, the name of the petitioner be recommended for adjustment against such post in the Prison Department itself instead of Labour Department. Counsel would submit that even if his prayer as regards joining on the post of Junior Scale Stenographer (Hindi) in the Labour Department does not find favour with this Court, directions be issued as regards adjustment of the petitioner against such post in the Prison Department itself.
In the written statement filed by the Labour Commissioner, Haryana, respondent no.2, a categoric stand has been taken that the petitioner had been issued appointment letter dated 28.1.2010 under registered post and as per terms and conditions of the offer of appointment, the petitioner was obligated to join duty in the office of Labour LUCKY 2014.09.25 10:19 I attest to the accuracy and authenticity of this document chandigarh CWP No. 19387 of 2010 (O&M) -4- Commissioner within a period of 15 days from the receipt of offer of appointment. It has been stated that the petitioner did not report for duty within the stipulated period and on the basis of a request sent by the office of respondent no.2, the Commission recommended the name of a candidate next in order of merit. In pursuance thereto Sh. Saleem son of Sh. Maksood Beg was issued an appointment letter dated 27.12.2010 and such candidate has since joined duty against the solitary post of Junior Scale Stenographer (Hindi) reserved for B.C (A) category.
Having heard learned counsel for the parties and in the light of the stand taken on behalf of the State, this Court does not find any infirmity in the impugned memo dated 6.10.2010 declining the request of the petitioner as regards grant of extension in joining time for the post in question. Concededly, the offer of appointment on the post in question had been duly received by the petitioner. As per the terms and conditions contained therein, he was to report for duty in the office of Labour Commissioner within a period of 15 days. He did not join duties within such period. A candidate next in order of merit was thereafter offered appointment and has also joined.
Even the attribution of ulterior motive as regards a letter dated 12.3.2010 having been dispatched by the office of Labour Commissioner, Haryana and the same having been received on 15.3.2010 and thereby calling upon the petitioner to join on the post till 11.3.2010 does not inspire confidence. The dispatch of such letter dated 12.3.2010 at Annexure P-2 has been denied in the reply submitted on behalf of respondent no.2. Appended as Annexure R-1 along with the reply is a request dated Nil of the petitioner which was received in the office of the Labour Commissioner on LUCKY 2014.09.25 10:19 I attest to the accuracy and authenticity of this document chandigarh CWP No. 19387 of 2010 (O&M) -5- 10.9.2010 regarding extension of joining time. As per such request at Annexure R-1 the petitioner had sought extension in joining time only by citing certain domestic reasons and not on account of the No Objection Certificate having not been issued by his parent department. Such request letter at Annexure R-1 even though, having been received in the office of the Labour Commissioner in the month of September, 2010 does not even make any reference to the letter dated 12.3.2010 that had allegedly been dispatched by the Labour Commissioner and calling upon him to join on 11.3.2010 and having been received on 15.3.2010. The averments made in para 1 of the preliminary submissions contained in the written statement filed by respondent no.2 as regards such request at Annexure R-1 made by the petitioner and having received in the office on 10.9.2010, have gone unrebutted as no replication has been filed. It is difficult to fathom as to why a candidate would submit a request in September, 2010 seeking extension in joining time and would not bring to the notice of the office of Labour Commissioner that an alleged previous communication had been issued in March, 2010 calling upon him to join by a particular date i.e. 11.3.2010 but such communication having been received only on 15.3.2010. This Court, accordingly, cannot find fault with the action of respondent no.2 in declining the request of the petitioner as regards grant of extension in joining time for the post in question.
There would also be no scope as regards entertaining the alternate prayer made by the counsel for adjustment of the petitioner on the post of Junior Scale Stenographer in the parent department i.e. Prison Department, Haryana. In this regard, in the reply filed on behalf of the Commission, a stand has been taken that no post for Prison Department in LUCKY 2014.09.25 10:19 I attest to the accuracy and authenticity of this document chandigarh CWP No. 19387 of 2010 (O&M) -6- the B.C. (A) category had been advertised vide Advertisement No.1/2008 and as such, the name of the petitioner cannot be recommended for appointment as Junior Scale Stenographer in the Prison Department.
For the reasons recorded above, there is no merit in the present writ petition and the same is, accordingly, dismissed.
Petition dismissed.
(TEJINDER SINGH DHINDSA) JUDGE September 24, 2014.
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