LAWS(P&H)-2014-9-7

SATISH KUMAR Vs. HARYANA STAFF SELECTION COMMISSION

Decided On September 24, 2014
SATISH KUMAR Appellant
V/S
HARYANA STAFF SELECTION COMMISSION Respondents

JUDGEMENT

(1.) Petitioner has filed the instant writ petition impugning the memo dated 6.10.2010 at Annexure P-4 issued from the office of Labour Commissioner, Haryana, whereby his request as regards extension in joining time for the post of Junior Scale Stenographer (Hindi), has been declined.

(2.) The brief facts that would require notice are that the petitioner joined service with the Prison Department, State of Haryana on the post of Warder on 25.9.2003. He has, thereafter earned promotions as Clerk on 12.11.2009 and as Steno Typist on 5.2.2010. The Haryana Staff Selection Commission (herein after to be referred as the Commission) issued Advertisement No. 1/2008 inviting applications for recruitment to various posts including 19 posts of Junior Scale Stenographer (Hindi). Out of these, one post was reserved for B.C. (A) category of Labour Department, Haryana. The petitioner, who belongs to the B.C. (A) category, applied for the post in question and in pursuance to a selection process was recommended for appointment by the Commission.

(3.) In pursuance to such recommendation, the petitioner was issued an appointment letter dated 28.1.2010 from the office of Labour Commissioner, Haryana for joining on the post of Junior Scale Stenographer (Hindi). As per terms and conditions of such appointment letter the petitioner was to report for duty within a period of 15 days from the receipt of the letter. As per pleaded case of the petitioner since he had applied for the post in question through proper channel, accordingly, he took steps to procure a No Objection Certificate from his parent department i.e. Prison Department, Haryana so as to get the benefit of his past service. Since such No Objection Certificate was not forthcoming, accordingly, the petitioner could not join the post in question within the stipulated period of 15 days as per appointment letter dated 28.1.2010. Apparently, repeated requests were made for grant of extension in joining time. Vide impugned memo dated 6.10.2010, the petitioner has been informed that the Labour Commissioner, Haryana has taken a decision to file the request.