CWP NO.3624 OF 1986 :1:
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
DATE OF DECISION: 22.10.2008
Shri Harjinder Singh ...Petitioner
VERSUS
State of Punjab and another ...Respondents
CORAM
HON'BLE MR.JUSTICE PERMOD KOHLI
PRESENT: Mr.Vipin Mahajan, Advocate for the petitioner
Mr.S.S.Sahu, AAG, Punjab
Permod Kohli, J. (Oral)
The petitioner was appointed as Assistant Divisional
Manager (Stores) in the office of Divisional Manager, Punjab
Roadways, Jullundur in the pay scale of Rs.825-1580, purely on
temporary basis for a period of six months or till the candidates
recommended by the Punjab Public Service Commission joins,
whichever is earlier, vide order dated 16.4.1984 (Annexure P-1).
The petitioner continued for a period of about two years and
thereafter his services were dispensed with w.e.f. 6.7.1986. The
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present petition came to be filed by the petitioner on 11.7.1987,
seeking setting aside of his termination. It is stated that the name of
the petitioner was sponsored by the Employment Exchange and was
selected on the basis of interview. The petitioner was also eligible
having Mechanical Engineering degree to his credit which was the
prescribed qualification for recruitment to the post of Assistant
Divisional Manager. It is admitted in the writ petition that his
appointment was against direct recruit quota and admittedly, no
advertisement was issued inviting applications from all eligible
candidates.
The claim of the petitioner is, however, resisted by the
respondents, primarily on the ground that the petitioner’s
appointment was on purely temporary basis for a period of six
months or till the candidate recommended by the Punjab Public
Service Commission joins, whichever is earlier which fact is also not
disputed by the petitioner. Even though the termination of the
petitioner was stayed on 15.7.1986 by this Court, but fact remains
that the petitioner was terminated prior to the passing of the
aforesaid order. According to petitioner’s own admission, his
appointment was against direct recruit quota and admittedly, no
advertisement was issued inviting applications from all eligible
candidates. Thus, the appointment of the petitioner is not in
consonance with Articles 14 and 16 of the Constitution of India.
The issue is squarely covered by a judgment of the Hon’ble Supreme
Court in the case of J & K Public Service Commission etc., v. Dr.
Narinder Mohan and others etc. AIR 1994 SC 1808 wherein
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following observations have been made:-
“7……. The rule prescribes direct
recruitment/promotion by selection as the mode
of recruitment which would be done only by PSC
or promotion committee duly constituted and by
no other body. Therefore, ad hoc employee should
be replaced as expeditiously as possible by direct
recruits. A little leeway to make ad hoc
appointment due to emergent exigencies does not
clothe the executive government with power to
relax the recruitment or to regularise such
appointment nor to claim such appointments to be
regular or in accordance with rules. Back door ad
hoc appointments at the behest of power source or
otherwise and recruitment according to rules are
mutually antagonistic and strange bed partners.
They cannot co-exist in the same sheath. The
former is in negation of fair play. The latter are
the products of order and regularity. Every
eligible person not necessarily be fit to be
appointed to a post or office under the State,
selection according to rules by a propertly
constituted commission and fitment for
appointment assures fairness in selection and
inhibits arbitrariness in appointments. In view of
the Explanation-b to Rule 4, the ad hoc
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appointments to any post in any of the three wings
of the services under the rules are therefore de
hors the rules. Appointments of the respondents 1
to 6 cannot be held to be in accordance with the
rules.”
In any case, this petition is pending since 1986 and at this
belated stage, no relief can be granted to the petitioner.
Dismissed.
(PERMOD KOHLI)
JUDGE
20.5.2008
MFK
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