SURESH PAL Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) The petitioner seeks a writ of mandamus directing the respondents to appoint him to the post of Assistant Engineer (Civil) on the ground that post for which he applied and competed had remained vacant due to non-acceptance of the offer by a selected candidate. Thus, the petitioner has invoked his right to seek appointment to the post on the ground as afore- mentioned.

(2.) On 4.8.2008, the petitioner filed a representation, praying that next candidate in order of merit be offered appointment to the extent the selected candidates in each category have not accepted the offer of appointment. As per the petitioner, Engineer-in-Chief requested the Government on 14.8.2008 to make appointments from the candidates next in order of merit. Still, no one has been appointed against these posts. Rather on 7.8.2008, 30 posts of Assistant Engineer (Civil) were again advertised and these 8 posts, which had remained unfilled, have been included in the posts now advertised. The petitioner accordingly has filed this writ petition, staking his claim for appointment on the basis of his selection in the category of Backward Class.

(3.) In the reply filed by the State, the claim of the petitioner has been contested. It is pointed out that there are no Government instructions for preparing a waiting list of Group-B posts and in this regard, certain communications have been placed on record with the reply. Reference is made to a letter dated 1.7.2008 (Annexure R2/1), which is an intimation sent by the Chief Secretary that there are no instructions to maintain a waiting list. It is accordingly stated that the Haryana Staff Selection Commission did not prepare any waiting list. Reference is also made to a letter dated 18.12.2006 through which the Commission had sought information from the Chief Secretary in regard to preparation of waiting list for Group-B posts. At that time, the Commission was informed that in case any candidate did not assume charge of his duty or if any vacancy remained unfilled, the department may ask the Commission to recommend the name of next candidate in the respective category but finally the Chief Secretary, through letters dated 5.2.2007 and 1.7.2008 had clarified that the government did not feel the necessity of maintaining any waiting list in respect of Group-B posts.