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2.1 That the appellant was appointed as a JBT Teacher by the Education Department, Haryana in the year 2000 and since then he is working as a JBT Teacher at Government Primary School, Chhapar, Haryana. That the Haryana Public Service Commission advertised 1647 posts of Assistant Professor (College Cadre) in the State of Haryana on 16.02.2016. Last date to submit the form online was 15.03.2016, which was extended upto 10.05.2016. The appellant herein applied timely for the post of Assistant Professor (History). As per the advertisement dated 16.02.2016, the candidate was required to submit a No Objection Certificate (NOC) from its appointing authority in case he is serving in a Government/Semi Government organization under any State Government or Government of India, at the time of interview. 2.2 To comply with the same, the appellant applied for issuance of NOC on 22.03.2016 through the Principal, Government Senior Secondary School, Jhanswa, District Jhajjar to the District Elementary Education Officer, Jhajjar, the competent authority to issue the NOC.

7.4 Now, so far as the submission on behalf of the respondent No.4, not to disturb and/or cancel the appointment of respondent No.4 and to continue him in service is concerned, it cannot be disputed that he has been working as the Assistant Professor (History) since 12.07.2018, i.e., for more than three years. It is nobody’s case that he got the appointment in connivance with the authority. At the relevant time, he was appointed as per merits. Thus, he has been appointed after following due procedure of selection. It is also reported that the respondent No.4 is a Ph.D. and is around 40 years of age. It is also reported that after the impugned selection, there was a fresh selection, however, the respondent No.4 did not apply as he was already selected and appointed on 15.12.2017. Had the respondent No.4 not been selected on 15.12.2017, in that case, he would have applied in the forms, which were issued for Assistant Professor by Haryana Public Service Commission by advertisement No. R.G 17/2017 and the last date for submitting the application was 15.03.2019. It is also reported that by now he has also become age bar. It is also reported that if the appointment of the respondent No.4 is cancelled and the respondent No.4 is disturbed, his entire family would have to suffer. It is reported that respondent No.4 has two daughters one aged three years and other one and a half years and wife and an old mother and that he is the sole bread earner in the family. It is also reported that there are in all around 244 sanctioned posts for Assistant Professor (History) and there is still requirement of 93. Therefore, it is prayed to not to disturb the respondent No.4 and to direct the State to accommodate him on another vacant post of Assistant Professor (History).

Considering the aforesaid peculiar facts and circumstances of the case and when it is found that there was no fault on the part of the respondent No.4 when he was appointed in the year 2018 and thereafter, he has been continued in service since last three years, to disturb him at this stage, would not be justifiable. Therefore, in the peculiar facts and circumstances of the case, in exercise of the powers under Article 142 of the Constitution of India, to do the substantial justice, we direct that while appointing the appellant as per the present order on the post of Assistant Professor (History), the respondent No.4 may not be disturbed and we direct the State Government to continue the respondent No.4 and he be accommodated on any other vacant post of Assistant Professor (History).

8. In view of the above and for the reasons stated above, present appeal is allowed. The impugned judgment and order passed by the Division Bench of the High Court dated 28.09.2021 passed in LPA No.902 of 2021 as well as the judgment and order passed by the learned Single Judge dated 06.11.2019 passed in CWP No.27864 of 2017 and CWP No.17255 of 2018 except the costs imposed by the learned Single Judge are hereby quashed and set aside. However, the costs imposed by the learned Single Judge is hereby maintained. The State Government and the Haryana Public Service Commission are hereby directed to issue appointment order to the appellant on the post of Assistant Professor (History) for which he is found to be eligible and meritorious. The said exercise be completed within a period of two weeks from today. However, it is observed that on the principle of ‘No Work No Pay’, the appellant shall not be entitled to any back wages but shall be entitled to continuity in service for the purpose of seniority, pay fixation etc. It is further observed and directed that as observed hereinabove while appointing the appellant pursuant to the present order, the respondent No.4 be not disturbed and he be continued in service and he be accommodated on any other post of Assistant Professor (History), which is reported to be vacant.