KUSHAL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) BY means of the present writ petition, following relief has been claimed:-

(2.) THE relief hereinabove has been sought on the ground that the petitioner, who is an ex-serviceman and enrolled in Sub Regional Employment Exchange, Ex- Servicemen Employment Cell, Hamirpur, was sponsored vide letter dated 22.1.2011, Annexure P-1, for appointment as Constable in Police Department and asked to appear for an interview on 9.2.2011 before the State Selection Committee at Sainik Rest House, Hamirpur. Consequently, he appeared in the interview and secured 37 marks out of 50. A requisition, Annexure P-3, was sent by the Police Department to the Secretary, State Selection Committee, Sub Regional Employment Office, Hamirpur, under respondent No.2, whereby names were sought to be forwarded for filling up five posts of Constables from ex-servicemen general category. The 2nd respondent instead of sending the names from live panel, i.e., Annexure P-2, started the recruitment process afresh, as is evident from the panel, Annexure P-4. The petitioner though approached the 2nd respondent with the request to sponsor his name on the basis of live panel, Annexure P-2, in which his name still exists, but to no avail. 2. The 2nd respondent has filed reply to contest the writ petition. The only stand taken by the said respondent is that in view of the provision that the break of service between the date of enrolment in the police department and the date of discharge from the previous Army employment should not exceed 4 years and the cut off date in the requisition Annexure P-3 being 30.4.2011 and the petitioner having been discharged from Army on 31.12.2006 and enrolled in Ex-servicemen Cell on 1.1.2007, could have not been sponsored for appointment as such pursuant to requisition Annexure P-3, as he had already completed the four years period on 1.1.2011, i.e. much before the cut off date, 30.4.2011. Irrespective of it, he, however, was stated to be interviewed against the posts meant for Mandi District and one post has been kept vacant pursuant to the interim order dated 20.3.2012 which reads as follows:-

(3.) WE have heard learned counsel on both sides and also gone through the record.