BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners seek a writ in the nature of mandamus directing the respondents to appoint them as Junior Engineers (Mechanical). The claim has been contested by the respondents primarily on the ground that the petitioners could not be appointed as no vacancies were available. A few facts may be noticed.

(2.) In the year 1982, the Haryana Subordinate Services Selection Board advertised 8 posts of Junior Engineers (Mechanical). The petitioners who possessed the necessary qualifications applied for these posts. The interviews were held in September 1986. Finally, the Board recommended the names of 16 persons including the petitioners. While the case regarding the selection of the candidates was pending with the subordinate Services selection Board, the State of Haryana issued instructions vide notification dated January 19, 1984 embodying a policy decision to regularise the services of Class-IV employees who had been recruited on ad hoc basis and had completed the specified period of service. As a result, the services of certain persons were regularised and the petitioners in spite of their names having been recommended by the Board could not be appointed. Aggrieved by the action of the respondents, in not appointing them to the post of Junior Engineers, the petitioners have approached this Court through the present petition.

(3.) In the written statement filed on behalf of the respondents, it has been pointed out that even though initially, a requisition of 8 posts had been sent to the Board, some of the persons who had been recruited on ad hoc basis filed Civil Writ Petitions Nos. 945 and 3951 of 1986 in this Court. In pursuance to the instructions issued by the Government and the directions issued by the High Court, the services of various persons were regularised. As a result, no posts were available against which the petitioners could be appointed.