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1. The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of Mandamus directing the respondents to modify/substitute the appointment letter dated 16.9.1997(Annexure P-4) by offering appointment to the petitioner as Fireman on regular basis as he fulfills the qualifications prescribed by the respondents for the post of Fireman and is fully eligible for regular appointment as Fireman.

2. The case set up in the writ petition is that the petitioner was **** working as Fireman in the Municipal Council, Sirsa-respondent no.4 and had passed his matriculation examination with science and also passed the basic course of Elementary Fire Fighting conducted by the Haryana State Fire Fighting Training Centre, Ambala Cantt in December, 1994. The petitioner also fulfills the various other terms and conditions prescribed under the Haryana Municipal Services (Integration, Recruitment and Conditions of Services), Rules, 1982 (hereinafter referred to as "the 1982 Rules") for the post of Fireman. The petitioner along 6 others persons were engaged as Firemen by respondent No.3 on 30 days basis and some time on 89 days basis through the Employment Exchange by a duly constituted Selection Committee. The petitioner was appointed as Fireman by respondent no.4 in the regular pay scale of ` 950-1500/- against a vacant post on probation for a period of 89 days vide appointment letter dated 17.12.1996 (AnnexureP-3) after which regular appointment was to be given to the petitioner. In the month of January, 1997, the respondents decided to terminate the services of the petitioner as also that of other 6 persons who were appointed as Firemen along with the petitioner and, therefore, the petitioners and his 6 others colleagues challenged the action of the respondents by filing Civil Writ Petition No.1692 of 1997 Rajender Kumar and others Vs. State of Haryana and another. The said writ petition came up for hearing on 21.3.1997 wherein it was noticed that the petitioner no.2 in the said writ petition was the only one who was found eligible and the fresh selection was to be made for the rest of 6 posts. Reference was made to the averments in the said writ petition to plead **** that in the selection process on 31.1.997, the petitioner had been duly selected. Accordingly, it was further averred that large number of posts of firemen were lying vacant with respondent no.4-Municipal Council, Sirsa and inspite of that the petitioner had been offered appointment for a period of 89 days on daily wages basis/contract basis vide order dated 16.9.1997. The petitioner had been appointed in the regular pay scale of ` 950-1500/- during the State-wide strike by the municipal employees of the Haryana State and as per instructions of the Government dated 3.7.1997 (Annexure P-5) persons who were appointed in the Municipal Committees/Councils were to be offered appointments on regular basis against the available vacancies. Action of the respondents in giving the appointment to the petitioner on daily wages/contract basis was violation of instructions dated 3.7.1997 (Annexure P-5) and the petitioner had joined the post offered subject to his legal rights in view of the earlier judgment dated 21.3.1997. Accordingly, it was pleaded that the action of the respondents was not justified in appointing the petitioner on daily wages/contract basis for a period of 89 days.

4. Similarly in written statement filed on behalf of respondent no.4, it was pleaded that the Deputy Commissioner was the appointing authority of Fireman and he on the instructions received from the Commissioner & Secretary to Govt. Haryana, Local Govt. Department had authorised Executive Officer to recruit/appoint on daily wages the necessary staff for securing public services maintenance of sanitation as **** per order dated 13.12.1996. As per Rule 2( c) read with entry 64 of Appendix 'C' of the 1982 Rules, the appointing authority was the Deputy Commissioner and when it was brought to his notice that the petitioner had been appointed on 17.12.1996, he had passed order dated 9.1.1997 declaring the said appointment null and void. The financial position of respondent no.4-Municipal Council, Sirsa was not good and, therefore, it did not deem it fit to fill up regular posts. The persons appointed on regular basis and on daily wages basis could be paid different pay scales and accordingly, it was pleaded that the writ petition be dismissed.

7. After hearing counsel for the parties, this Court is of the opinion that the petitioner has been able to show that he was selected in a proper procedure and his name was sponsored by the Employment Exchange, Sirsa in the interview held on 31.1.1997 by a committee constituted by the Deputy Commissioner, Sirsa, who was the appointing authority. This fact has been admitted by the Deputy Commissioner, Sirsa in the reply filed in the earlier writ petition filed by **** the petitioner along with other employees in which he was arrayed as petitioner No.2. The petitioner fulfilled all the qualifications for the post of Fireman and he was selected against vacant post. This would be clear from the proceedings recorded by the interview committee which reads as under:-

"The candidates, whose names, addresses and other particulars are given in Annexure A, attended the interview for the post of fireman on 31.1.1997. These candidates were interviewed by the Interview Committee. The candidates were also required to undergo practical tests viz:
climbing running and swimming etc. On the basis of physical fitness, knowledge of job skills, practical tests and other requirements under the rules, only one candidate namely Shri Kuldeep Kumar son of Shri Suraj Bhan c/o Haryana Warehousing Corporation, near Suraj Theatre, Sirsa was found suitable for the job and accordingly he is hereby selected.