KARTAR CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) Instant Letters Patent Appeal filed under Clause 10 of the High Court of Delhi Rules as applicable to High Court of Himachal Pradesh, is directed against the judgment date 1/3/2012, passed by the learned Single Judge in CWP No. 3924 of 2009, whereby the writ petition having been filed by the petitioner-appellant came to be dismissed.

(2.) Briefly stated facts as emerge from the record are that the petitioner (hereinafter referred to as "the appellant") after having served Indian Army for almost 16 years and 10 months, got himself registered in the Ex-Servicemen Employment Exchange Cell, Hamirpur, District Hamirpur, H.P., in the year, 1 Whether reporters of the local papers may be allowed to see the judgment 2002, with a view to get re-employment in the State of Himachal Pradesh. Vide letter dated August, 2000 (Annexure P-2), Directorate of Sainik Welfare (Ex-Servicemen Employment Cell), Hamirpur, nominated/sponsored name of the appellant against the vacancy reserved for the ex-servicemen in the department of Ayurveda and requested the concerned department to issue call letter to the appellant as well as other nominated candidates for the post of Ayurveda Pharmacist. However, fact remains that pursuant to aforesaid recommendations, the appellant never came to be appointed as Ayurveda Pharmacist. Subsequently, vide order dtd. 21/7/2007, Government of Himachal Pradesh on the recommendation of the Regional Directorate of Sainik Welfare Board, Hamirpur, recommended the name of the appellant for the post of Chawkidar in HP Civil Secretariat on daily wages, whereafter, appellant was afforded appointment to the post as Chawkidar on daily wage basis vide office order dtd. 31/7/2007 with a further direction to submit his joining in the control room through Estate Sec. Officer (Annexure P-5). After joining as Chawkidar in HP Secretariat on daily wage basis, appellant made representation to respondent No.1 dtd. 17/8/2009, praying therein for regularization of his service under 15 percent reserved quota as per the Demobilized Armed Forces Personnel Reserved Vacancy Rules, 1972. But since no heed was paid to his aforesaid prayer, he approached this Court by way of CWP No. 3924 of 2009, praying therein for following main relief:

(3.) Learned Single Judge vide judgment dtd. 1/3/2012, dismissed the writ petition by holding that this Court cannot issue directions to the respondent-State to fill up the post on regular basis. Learned Single Judge vide impugned judgment further held that it is the sole prerogative of the employer to fill up the post either on regular basis, daily wage basis, contractual basis/tenure basis and no direction in this regard, can be passed while exercising power under Article 226 of the Constitution of India. The appellant has filed this intra-court appeal.