MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In response to an advertisement issued by the Haryana Public Service Commission, respondent, for recruitment to the posts of District Food and Supplies Officer and District Food and Supplies Controller, the two petitioners in C. W. P. Nos. 819 and 934 of 1981, who admittedly were either working or had worked as Inspector or Sub-Inspector in the Food and Supplies Department of the State of Haryana for more than three years prior to 20th of November, 1980, the date for the submission of the applications, applied for these posts. The Commission had prescribed the following qualifications for the eligibility of the persons to be considered for these posts :

(2.) In order to satisfy the requirements of clause (c) above the two petitioners applied to the Director of Food and Supplies, Haryana, to issue the requisite certificate to the effect that the petitioners had more than five/three years experience as Executive Officers. The Director, however, declined to issue such a certificate for the reason that though the duties performed by them may be of executive nature, yet they could not be considered as Officers. Since, the petitioners had sent advance copies of their applications to the Public Service Commission direct in addition to their applications routed through the Director, Food and Supplies who declined to forward these applications to the Commission as according to him the petitioners were not eligible; the Director also addressed a communication (Annexure P/l to C. W. P. 891 of 1981) on 5th December, 1980 to the Haryana Public Service Commission intimating that the Department did not recognise the experience of the Inspectors and Sub-Inspectors working therein as Executive Officers, and the applications of these Inspectors or Sub- Inspectors for the above-noted posts be not entertained. The petitioners and a few others, who too were inspirants for the above said two posts like them, took up the matter with the Government for the issuance of the requisite certificate but failed to secure one. The Government, however, vide its letter dated 20th February, 1980 (Annexure P-3 to C. W. P. 891) communicated to the Commission that though the work and the duties performed by the Inspectors and Sub- Inspectors of the Food and Civil Supplies Department were of executive nature, yet they were not offices, but in case the Commission felt that these applicants fulfilled the qualifications advertised for the posts in question, the Commission may consider their cases on the basis of the advance copies of their applications as already submitted to the Commission. As a result of this communication, the Commission issued to the petitioners and to all others, who were similarly situated, letters for appearance before the commission with the following condition :

(3.) As the learned counsel for the petitioners concede that identical questions of law and fact are involved in these cases, the same are being disposed of through this common judgment.