RAJIV KUMAR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) These two petitions involve determination of a common issue, namely, as to whether the petitioners are entitled to be appointed as Assistant Food and Supplies Officer or Inspector Food & Supplies, and Taxation Inspector, respectively, instead of their appointments as Clerks. Therefore, both these petitions are being decided by a common order.

(2.) C.W.P. No. 8933 of 1993 has been filed by Rajiv Kumar Sharma who possesses degree of B.Sc. (Non-Medical) and who has claimed that on the basis of his academic qualifications he is entitled to be appointed as Assistant Food & Supplies Officer, being a dependent of late Shri J.D. Sharma. The facts set out show that Shri J.D. Sharma was working as an Assistant in the Food & Supplies Department of the Government of Haryana. While in service, he died on 29.8.1990. Petitioner submitted an application for appointment on the post of an Assistant Food & Supplies Officer in accordance with the policy decisions of the Government regarding employment of a dependent of the deceased Government servants. The Director, Food & Supplies, Haryana, recommended the case of the petitioner for appointment in Government service. In his letter dated 17.12.1990 (Annexure P.5) respondent No.2 wrote to the Chief Secretary to Government of Haryana that some relaxation will have to be given for appointing the petitioner as Assistant Food & Supplies Officer. The recommendation made by respondent No. 2 was turned down by the Chief Secretary as would appear from Annexure P-6. Thereafter, the petitioner's name was recommended for appointment on some other suitable post. After some correspondence, the Chief Secretary issued directions vide Annexure P-11 dated 22.1.1992 for appointment of the petitioner as a Clerk. This was followed by order dated 3.3.1992 (Annexure P.12) for appointment of the petitioner as Clerk in the Food & Supplies Department. The petitioner joined service in pursuance of Annexure P.12 but at the same time made representation Annexure P.13 for appointment on a higher post. This request of the petitioner has been turned down vide Annexure P-15 dated 31.5.1993. Petitioner has asserted that a number of other persons, who claimed appointment as dependents of the deceased Government servants, were appointed as Inspectors, Food & Supplies, but in his case respondent No. 1 has adopted a different approach and has denied him fair consideration for appointment on a post commensurate with his qualifications. The petitioner has relied on a judgment of this Court dated 14.7.1992 in C.W.P. No. 179 of 1990 (Parveen Kumar v. State of Haryana and another) in support of his plea that respondent No. 1 does not have the power to adopt the methodology of pick and choose while giving him appointment on compassionate grounds.

(3.) Respondents have defended their action on the ground that under the existing instructions absolute discretion vests with the Chief Secretary to appoint a dependent of a deceased Government servant on an appropriate post and that no one can claim appointment on a particular post as a matter of right. Respondents have pleaded that the case of the petitioner was carefully considered at the level of the Chief Secretary and it was considered proper to approve the appointment of the petitioner on the post of a Clerk.