ASHWANI KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of CWP No.3006 of 2007 and CWP No.3107 of 2007 since common questions of facts and law are involved in the said writ petitions.

(2.) Petitioners, who are six in number, by way of filing present writ petition, have challenged the legality of the impugned orders dated 21.2.2007 (Annexures P.17 to P.23) passed by the District & Sessions Judge, Kaithal whereby the services of the petitioners from the posts of Process Servers have been dispensed with. The formal impugned termination orders dated 21.2.2007 (Annexure P.17 to P.23) of six petitioners are based upon the order of even date i.e 21.2.2007 (Annexure P.23) vide which the representations made by eight candidates including the present six petitioners have been rejected and their appointments were held to be illegal and the same were cancelled and their services as Process Servers were ordered to be dispensed with.

(3.) Broadly, the facts giving rise to the matter in controversy are that vide notification/letter dated 22.12.2001 (Annexure P.1), two posts of Process Servers (General Category), including other posts, were advertised by the office of District & Sessions Judge, Kurukshetra and the last date of receipt of the applications was fixed as 25.1.2002. It was also mentioned in the notification dated 22.12.2001 (Annexure P.1) that number of posts are subject to increase or decrease for any reason including withdrawal/creation of new courts. In total, 605 applications were received for the two posts of Process Servers. Interviews were held on 2nd and 3rd February, 2002 and selection process was completed on 3rd February, 2002 itself by preparation of the merit list on the basis of interview.