SUKHDEV SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The claim of the petitioner in this petition is for appointment to the post of Junior Scale Stenographer (Hindi) against advertisement No.5 of 1991 following his selection on 23.02.1992. The name of the petitioner was recommended for appointment in the Department of Town & Country Planning, Haryana. The recommendations were made by the Haryana Subordinate Services Selection Board in a recruitment process initiated after advertisement calling applications from eligible candidates. The Director, Town & Country Planning Department, Haryana, Chandigarh wrote to the petitioner on 17.08.1993 that before appointment letter is issued, the petitioner was required to go through the process of character verification and proforma character certificates were enclosed to be filled and sent with four passport photographs to the Department within a week of the issuance of the letter. It is averred in the petition that the certificates were duly submitted. However, no date is mentioned nor any proof shown in support of the averment. The petitioner sat back till 2007 when he served legal notice calling upon the respondent-Department to issue appointment letter to the petitioner failing which legal action would be initiated. In this notice, it is stated that the petitioner wrote request letters on 27.12.1993, 20.10.1994, 11.03.1998, 16.09.2003 and 18.06.2007 but no action was taken thereon. It was pointed out in the legal notice that due to economic difficulties and family circumstances, legal recourse could not taken nor any court action brought claiming appointment.

(2.) The Haryana Staff Selection Commission which was the erstwhile Subordinate Services Selection Board, Haryana responded to the legal notice on 19.09.2007 informing the petitioner that the Commission only recommends names of selected candidates but for appointments, the Department concerned is to be contacted. The Director, Town & Country Planning Department, Haryana, Chandigarh on being approached informed the petitioner vide letter dated 16.11.2007 that the name of the petitioner was received in the Department on 12.05.1993 along with others but before appointments could be offered, it was found that the Department service rules contained a provision of knowledge of both Hindi and English in short hand typing for Junior Scale Stenographers. Consequently, a request was made to the Government for waiver of condition but the Government vide letter dated 06.09.1993 did not grant relaxation in service rules. As a result, the name of the petitioner was sent back to the Secretary, Subordinate Services Selection Board, Haryana vide letter dated 21.10.1993.

(3.) It appears from record obtained by the petitioner under Right to Information Act, 2005 and appended with the petition that the Secretary, Subordinate Services Selection Board, Haryana wrote to the Director, Agriculture Department, Haryana on 23.02.1994 pointing out that the petitioner has not been medically examined and no special inquiry into his antecedents has been made. However, a request was made for issuance of appointment orders in that Department. The Director, Agriculture, Haryana wrote back to the Board that there was no vacant post of Backward Class on which the petitioner could be appointed. This letter is dated 02.05.1994. This correspondence was obtained by the petitioner from the orders passed by the first appellate authority under the Right to Information Act, 2005.