VIRENDER SINGH YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The State Consumer Disputes Redressal Commission, Haryana at Punchkula notified recruitment process of staff of various posts including single post of Assistant for its establishment and on the establishments of different District Consumer Disputes Redressal Forums in the State of Haryana vide its circular letter dated 25.11.2011. The letter was circulated to the Registrar of this Court, all the District and Sessions Judges in the State of Haryana and the Presidents of the District fora under the Consumer Protection Act, 1986. The posts were to be filled by transfer/deputation. A corrigendum was issued on 25.1.2012 inter alia calling applications for two further posts of Assistants for the district fora, against one post of Assistant advertised earlier. This petition concerns the post of Assistant alone.

(2.) The petitioner belongs to the ministerial staff of District Courts at Narnaul. He is presently working as a Civil Nazir in the Court of Civil Judge (Senior Division), Narnaul. He applied through proper channel for appointment by transfer on one of the three advertised posts of Assistants. At that time he was working as a Translator. The appointment was by way of selection on the basis of service record, ACRs and interview. Seven candidates appeared and were interviewed on 3.4.2010 before the Committee set up by the State Commission consisting of the Hon'ble President and the Hon'ble Judicial Member. The petitioner remained unsuccessful. Private respondents No. 4 to 6 were recommended for appointment on merit. They joined the posts and are working.

(3.) Aggrieved by his non-selection the petitioner first made a representation complaining that less meritorious candidates have been selected under the circular dated 25.11.2011 and corrigendum dated 25.1.2012. He claimed that he was senior to the selected candidates and had more experience than them and that he was arbitrarily ignored. This was not the first time that he was not selected. In 1997-98 as well he pleads that he was discriminated by the Commission and ignored for appointment by way of transfer/deputation and dissatisfied with the selection, he filed CWP No. 16934 of 2006 before this Court which is said to be pending.