DINESH KUMAR NAYYAR Vs. STATE

JUDGEMENT

(1.) PETITIONER seeks appointment to the post of Junior Engineer Grade -ll (Civil). He has been excluded from consideration on the ground that he was not a stipendiary engineer who alone were allegedly liable to appointment pursuant to the consent order passed by this Court in LPA No. 153/93 read with LPA No. 51 /90 and Review Petition No. 41/91.

(2.) THIS case has a chequerred history. Petitioner after qualifying his diploma in Civil Engineering, applied for selection to the post of Junior Engineer, Grade -II. He was not selected though a number of candidates were selected and appointed to the post vide Govt. order No. PW -210 of 1988. This selection was called in question in a batch of writ petitions and petitioners in Writ Petition No. 369/88. This petition was allowed by a Single Bench of this Court vide judgment dated 20.9.1990 striking down the selection of the selected candidates. The state went in an appeal (LPA No, 153/90) which was disposed of by a consent order dated 15.3,1991 relevant portion where of is extracted as here under;

(3.) PETITIONERS case is that his right of consideration for recruitment to the post of Junior Engineer, Grade -ll was independent of his status as stipendiary engineer and was net in any way circumscribed by the consent order dated 15.3.1991 passed by the Divisional Bench of this Court in LPA No. 153/90 in which he was a party -respondent. In other words, it is contended that to be a stipendiary engineer was neither a requirement of the consent order passed in the LPA nor of any recruitment rules and that the petitioner had a constitutional right of seeking consideration for appointment subject to his eligibility,