KAILASH CHAND Vs. HARYANA VIDYUT PARSARAN NIGAM LTD.

JUDGEMENT

(1.) The petitioner is seeking quashing of the action of respondents to appoint the candidates lower in merit. A further direction is sought to be issued to the respondents to consider his claim for appointment as ALM from the date the candidates lower in merit to the petitioner had been appointed.

(2.) The Haryana Staff Selection Commission advertised 2329 posts of Assistant Lineman. The petitioner participated in the selection process and was issued Roll No.008764. The result was declared on 22.04.2010 and the petitioner's name was at serial No. 65 in the merit list (General Category). While declaring the result, a notice was given in the newspaper, which is reproduced as under:-

(3.) As per instructions issued by the State of Haryana on 20.07.1995, 07.10.2008, 02.07.2010 and 23.05.2014 (Annexures P-1 to P-4), if the candidates from horizontal reservation are not available, then the posts will go to the main category i.e. the general category. These instructions have been considered by this Court in Garima Jindal Vs. Haryana Vidyut Parsaran Nigam Ltd. and another, CWP No.13384 of 2011, decided on 06.08.2012 (Annexure P-5). This petition was allowed by giving direction to the respondents to appoint the candidates of the general category on the unfilled posts in the category of Ex-serviceman (ESM). The said judgment has been upheld by the LPA Bench vide judgment dated 09.11.2012 (Annexure P-6). SLP against the said judgment was dismissed by the Honourable Supreme Court on 23.09.2013 (Annexure P-7). Similar relief has been granted to the Assistant Linemen, who approached this Court by filing CWP No.14823 of 2011, titled Mukesh Kumar and others Vs. State of Haryana and others, which was allowed vide order dated 26.05.2014 (Annexure P-8).