RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for issuance of mandamus to the respondent to appoint the petitioner as Class-I Medical Officer from the date the person junior to him in merit was appointed.

(2.) The petitioner was appointed as HCMS Class-II Medical Officer on ad hoc basis in March, 1982 vide order Annexure P-1. He was appointed on the said post on the regular basis by the respondent on the recommendation of the Public Service Commission, vide letter of appointment dated 11.10.1984, Annexure P-2. The Haryana Public Service Commission advertised HCMS Class-I post for which the petitioner submitted his application through his department. He was duly selected for the said post and was informed by the Secretary, Haryana Public Service Commission that his name stood at Sr. No. 8 in the merit list.

(3.) The case of the petitioner is that as many as 17 persons were recommended/selected by the Commission and his name appeared at Sr. No. 8 in the merit list, but the persons low in merit have been issued appointment letters and no appointment letter has been issued to him. He made representation Annexure P-6 and thereafter issued reminder Annexure P-7 to the respondent, but in spite of that he has not been issued the appointment letter. On the contrary, the stand of the respondent is that there were adverse remarks in the Annual Confidential Report of the petitioner pertaining to the year 1982-83 about his honesty and as such he could not have been appointed to HCMS Group-A on the recommendations of the Haryana Public Service Commission according to provisions contained in Govt. Letter No. 4848-S- 72 dated 18.7.1972, Annexure R-II. According to the provisions contained in this letter, service record of the petitioner prior to his appointment was to be taken into consideration.