RUSHTAM SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Although the case has been listed for consideration of C.M. No. 2064 of 2001 filed by the petitioner for issuance of a direction to the respondents not to relieve him or terminate his service from the post of Constable in the Haryana Police, with the consent of the parties, 1 proceed to dispose of the main writ petition.

(2.) The facts of the case are that after subjecting him to medical examination and getting his character and antecedents verified, the competent authority appointed the petitioner as Constable in the Haryana Armed Police with effect from 9.8.1995. After a few months, his services were sought to be terminated in the purported compliance of the direction given by the High Court in C.W.P. No. 13942 of 1995 :, 1998(2) SCT 129 (P&H) Balbir Singh and others v/s. State of Haryana and others, decided on 16.2.1996, but in the wake of the stay order passed by the Supreme Court on the Petitions for Special Leave to Appeal filed against the High Court's order, he was allowed to continue. According to the petitioner, he had not been appointed on the basis of selection made in 1995 and, therefore, his name cannot be included in the list of candidates whose services are liable to be terminated in the wake of the order passed by the Supreme Court in Civil Appeal Nos. 15034 15036 of 1996 :, 1996(1) SCT 420 (P&H) Suresh Kumar and others v/s. State of Haryana and others, vide which the order passed in Balbir Singh's case (supra) has been upheld, but some directions have been given for making fresh selections.

(3.) The respondents have not controverted the petitioner's assertion that he was not one of the candidates selected for appointment as Constable in 1995. How -ever, they have justified the action proposed to be taken in pursuance of the order dated 16.2.1996 passed in C.W.P. No. 13942 of 1995 Balbir Singh v/s. State of Haryana and others by asserting that this initial appointment was illegal. In the written statement filed on their behalf, it has been averred that the petitioner's appointment was not preceded by any advertisement or selection. They have also averred that he was medically examined and his antecedents were got verified by the then Commandant, 2nd Battalion, H.A.P., Madhuban, Shri Rajeev Sagar Sharma, without making any selection. They have further averred that in view of the order dated 14.9.1995 passed in C. W.P. No. 15397 of 1993 :, 1993(1) SCT 711 (P&H) Surinder Kumar and another v/s. State of Haryana, C.W.P. No. 5085 of 1994 Sanjay v/s. State of Haryana, C.W.P. No. 7179 of 1994 :, 1999(4) SCT 654 (P&H) Sanjeev Kumar v/s. State of Haryana, and C. W.P. No. 12807 of 1994 - Virender Singh v/s. State of Haryana, the petitioner's appointment is liable to be treated as void and, therefore, he cannot seek a direction for being allowed to continue in service.