JAGDISH KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 1.3.2011 rendered by the learned Single Judge in C.W.P. No. 3691 of 2011. The appellant has sought directions to the respondents for advertising all 69 vacant posts of Signallers as per Haryana Irrigation Department Signallers (Group C) Service Rules, 1985 (for brevity, 'the 1985 Rules'). The learned Single Judge has rightly held that the respondents have chosen to advertise 10 posts at their discretion after assessing the quantum of work available and that the appellant could not have sought a direction for filling up all the 69 posts.

(2.) Mr. S.K.Sud, learned counsel for the appellant has argued that in fact the posts of Signallers are occupied by Class-IV employees, who have been promoted illegally and their promotion has already been declared illegal by this Court in C.W.P. No. 487 of 1997 decided on 10.3.1997 (Satyapal v. State of Haryana). Thereafter the aforesaid writ petitioner Satyapal filed a contempt petition, which was disposed of on 6.9.2005 after obtaining undertaking from Engineer-in-Chief, Irrigation Department, Haryana that the order of promotion dated 17.12.2004 would be withdrawn and promotes would be reverted to their original post. It appears that after the aforesaid proceeding in writ petition as well as in contempt petition some other persons filed C.W.P. Nos. 13940 of 2005, 15613 of 2005 and 15121 of 2005 in which the reversion of class-IV employees has been stayed. It may be one of the reason for not advertising all the posts because some interim directions are operating against the respondents. However, it would not mean that the appellant would become entitle to a direction for advertising of all the posts. At best, he may contest the litigation initiated by class-IV promotees to the post of Signallers by moving appropriate application in those writ petitions where the stay order is operating. Therefore, the remedy of the appellant lies else where and he can not file the writ petition seeking mandamus to the respondents to advertise all the posts especially when the interim orders are operative. If vacancies are available then there is no law that mandamus could be issued compelling the respondents to advertise all the posts. There is, thus, no merit in the appeal. The same is, hereby, dismissed with liberty to the appellant to move appropriate application in the proceedings initiated by the class-IV promotees to the post of Signallers where interim directions are operating against the respondents.