LAWS(HPH)-2020-10-89

STATE OF H. P. Vs. MANDEEP KUMAR

Decided On October 30, 2020
State Of H. P. Appellant
V/S
Mandeep Kumar Respondents

JUDGEMENT

(1.) Since a common question of law, appertaining to the legality, of, the action, of, the employer concerned, to, dehors any prescription, becoming borne, in, the apposite Recruitment and Promotion Rules, hence cast a condition qua, only after successful completion, of, the requisite period, of, training, the letter(s), of, appointment, being amenable, for becoming validly issued, vis ?-vis, the employees concerned, (a) or, in other words, the legality, of, the action, of, the employer concerned, to, postpone the implementation(s), of, selection, of, selectees concerned, or, to defer the completest efficacious operation, of, the appointment letter(s), vis ?-vis, the posts concerned, upto, the stage of completion(s), of, apposite period(s), of, training(s) by the employees, (b) is, rather involved, in, LPAs No. 480 of 2011, 4031 of 2013 and 4041 of 2013, and, in CWP No. 8191 of 2013, besides in CWP No. 9459 of 2014, and, also in Execution Petitions No. 21 of 2016 and 22 of 2016, (c) thereupon all the afore LPAs concerned, and also, the, CWPs concerned, are, amenable for, obviously, a common verdict, being pronounced thereon. Conspicously, also, the outcome, of, the LPAs concerned shall determine the fate, of, the connected therewith CWPs.

(2.) A challenge becomes cast, to, the verdict pronounced by the learned Single Judge of this Court, on, 21.2.2011, upon(s) CWP-T Nos 2145 of 2008, 2182 of 2008, and, upon CWP-T 2267 of 2008. A reading, of, the relevant Recruitment and Promotion Rules, appertaining to the induction(s) into service, of, the employees concerned, hence as Gram Vikas Adhikari, does not unveil, vis ?-vis, any contemplation, becoming borne therein, rather necessitating the undergoing(s), of, training(s), by, the selectee(s) nor also any preemptory mandate becomes borne therein, hence making interdiction, against the employer, to defer the issuance, of, the appointment letter(s), to, the selectees concerned, only after theirs' successfully completing, the, apposite period, of, training. Bearing in mind the afore, and also the un-contested factum, qua the selection, of, the candidates concerned, against the advertised posts, occurring, through the aegis, of, a validly constituted selecting agency concerned, (a) besides, when no material becomes placed, on record, hence making visible portrayals, qua theirs occurring any shortcoming, in the adoption(s), of, the mandatory procedure(s), rather by the selecting agency concerned, nor any cogent material pronouncing qua any other taint, direly affecting the selection, of, the candidates concerned, against the advertised post(s), (b) thereupon, the selection, of, the candidates concerned, cannot come, to be faulted, on any score.

(3.) In aftermath, the silence or reticence in the apposite Recruitment and Promotion Rules, qua the purported preemptory necessity, of, the selected candidates, undergoing the apposite period, of, training, rather, as, a purported indispensable condition precedent, for, the appointment letter(s), becoming issued to them, (a) nor also, when there is any consonant therewith amendment, visibly made to the Recruitment and Promotion Rules, and, importantly, in contemporaneity, vis ?-vis, the issuance, of, the advertisement notice, in pursuance whereto, the selection(s) were made, (b) thereupon, with trite expostulation(s), of, Rule(s) becoming borne in a catena, of, judgment(s), rendered by the Hon'ble Apex Court, and, theirs' declaring qua the Recruitment and Promotion Rules, prevailing or superseding, upon, contra therewith instruction(s)/notification(s), as become issued by the Government, (c) unless, the latter are made in exercise, of, the powers, falling within the ambit, of, the proviso to Article 309, of, Constitution of India, hence for necessarily overcoming some snags or for condoning any ill effects, of, the apposite reticences, in the apposite Recruitment and Promotion Rules, and, emphatically qua the relevant facet. (d) Conspicuously may be qua only educational qualification(s), the age of the recruitees or may be qua assignment, of, reservations, vis ?-vis, the apposite categories. However, since the Recruitment and Promotion Rules, make trite preemptory mandate(s), for inductions into service, of, aspirants concerned, hence happening through, the relevant recruitment agency, and, also their canonizing qua the mode of recruitment, being through an advertisement being issued/published rather, by the employer concerned, and significantly also, none, of, the afore reticence(s) hence curable through a notification made under the proviso, to, Article 309, of, the Constitution, of, India, rather existing, in the apposite Recruitment, and, Promotional Rules, (d) hence the diktat of the Rules, cannot be whittled down, by any subsequent thereto notification, issued by the Government, rather casting a mandate, for, undergoing(s), of, training(s), by the selectees concerned, as a pre-condition, for, appointment letter(s), being issued to them. In vindicating, and in countenancing, the, afore purported condition precedent, though apparently, not borne in the apposite Recruitment, and, Promotion Rules, would tantamount to this Court, proceeding to breach the inviolable norm(s), appertaining to the realm, of, service jurisprudence, (e) inasmuch as, even upon the apposite selection(s), if validly made, and thereupon(s) rather leveraging, in the selectees concerned, a valuable right, to, in contemporaneity therewith, if found otherwise fit, and, eligible, in all respects, to insist, upon, appointment letters being issued to them, by the employer concerned, rather reiteratedly uncalled, for, wants' thereof, hence legally interdicted ill consequences, becoming visited upon them. Even otherwise, the, imparting, of, trainings, is, necessarily, to, happen only thereafter, as, also happens, vis ?-vis, successful selectees, appearing in UPSC, and, HPPSC examination(s).