VINOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Can a person who has been rejected by the Subordinate Services Selection Board for recruitment to the post of a Clerk be given seniority above a selected candidate by the process of retrospective regularisation? This is the short question that arises for consideration in this writ petition. A few facts may be noticed.

(2.) The Subordinate Services Selection Board advertised certain posts of Clerks in the year 1981. The petitioner alongwith respondents No.3 and 4 competed for these posts. While the petitioner was selected, respondents No.3 and 4 who had been working as Clerks on ad hoc basis since June/July 1979 were rejected. On August 27, 1982, the Board recommended the petitioner's name for appointment as a clerk. On December 7, 1982, after a gap of more than three months, the second respondent issued an order regarding the petitioners appointment. He joined immediately thereafter on December 9, 1982. The petitioner continues to hold the post of a clerk since then.

(3.) On January 4, 1983, the State of Haryana issued a notification under the proviso to Article 309 of the Constitution. It was stated in this notification that the Governor of Haryana hereby excludes from the purview of the Subordinate Services Selection Board, Haryana such Class III posts of clerks as have been held for a minimum period of two years on the 15th September 1982 by ad hoc clerks who are to be regularised if they fulfil the following conditions:-