GURDIAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the year 1981, the Subordinate Services Selection Board, Haryana advertised 11 posts of Naib Tehsildar for Ambala Division. One of these posts was reserved for persons belonging to the category of Backward Class. The petitioner was placed at Sr. No. 49 in the merit list. It was indicated that he was a member of the Backward Class. On June 30, 1983, the petitioner reported for duty. Thereafter, he was deputed for training.

(2.) Respondent No. 5 was also one of the candidates for recruitment to the posts of Naib Tehsildars. It appears that after various appointments had been made, he submitted a representation alleging that he was a member of the Backward Class. Consequently, he prayed that he should have been appointed against the post reserved for that category. He also pointed out that he was placed as Sr. No. 44 in the merit list and as such, had a better right than the petitioner. On the basis of this representation, a show cause notice was given to the petitioner by the Commissioner of Hissar Division pointing out that the Subordinate Services Selection Board had advised that Mr. Balwan Singh (Respondent No. 5) is actually from the Backward Class and he be treated as Backward Class candidate... "In the merit list. The petitioner was asked to explain as to why respondent No. 5 be not appointed in his place. On the basis of this notice, the petitioner apprehended that his services were likely to be terminated. Consequently, he filed the present writ petition inter alia praying that the show cause notice etc. be quashed and that the respondents be directed not to terminate his services.

(3.) The writ petition was admitted after notice to the respondents. The Motion Bench also passed an order staying the termination of the petitioner's service.