PARTAP SINGH RANA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petition has been filed on the following prayers:

(2.) IN reply, Respondents No. 1 and 2 have taken the following stand vide paras 16, 23 and 24:

(3.) This department requested for according permission to fill Up these posts during the financial year 2008 -09 vide letter No. HOM(FS)(HQ)(B)5 -400 -01 -2529 dated 23 -04 - 2008 (Annexure -R -8) and in response to this, the Government vide letter No. Home -B (B)5 -1/87 Vol -II(Fire) dated 04 -08 -2008 (Annexure -R -9) accorded approval for filling Up of only 50 posts of Firemen on contract basis. In view of this the department had to initiate the process afresh and issued notification vide this office endorsement No. HOM(FS)(HQ)(B)(2)10/03 -409 dated 29 -01 -2009 (Annexure R -10), the copy of which was also sent to Secretary State Selection Commission, Ex -Servicemen Cell Hamirpur, in which 4 posts reserved for Ex -Servicemen were required to be filled Up through exservicemen Cell Hamirpur under the amended R&P Rules. The nomination against this 4 requisition is still awaited form Respondent No. 3. Under the, aforesaid, circumstances, this department could not issue appointment letter to the Petitioners. 23. It is admitted that the Petitioners were nominated by the Respondent No. 3 for the post of Firemen in the year 2006 -07. But the process for filling Up these posts could not be initiated/completed during the financial year 2006 -07. The department again requested the Govt. to accord approval for filling Up these posts during t he year 2007 -08 but Govt. declined to accord approval for filling Up these posts during the year 2007 -08 vide his letter No. Home B(B)5 -1/87 Vol -II(Fire) dated 21 -01 -2008 (Annexure R -11). Govt. accorded the approval to recruit 50 Firemen on contract basis during the year 2008 -09, in pursuance of which the department has taken further necessary action. In view of this, department could not give any appointment. 24. It is admitted that the posts of firemen were published by this department on regular basis and the requisition was endorsed to the Respondent No. 3 to sponsor the suitable Ex -servicemen. Since the vacancies could not be filled Up during the financial year 2006 -07, the department moved a proposal to fill Up these vacancies during the year 2007 -08. The proposal was finally rejected by the Govt. during the financial year 2007 -08. As a result, process to fill Up these 129 posts on regular basis could not be completed by the department.