Decided on December 20,2013

Dheeraj Saxena Appellant
State of Uttarakhand and others Respondents


Alok Singh, J (Oral) - (1.) Applications were invited for 11 posts from all eligible candidates for selection and appointment on the post of Assistant Accountant/Cashier and Accounts Clerk in the Treasury Office in district Haridwar. Petitioner and others applied. Interview was held on 27.12.1989 and thereafter select list was prepared and issued on 30.12.1989. Petitioner was placed at Serial No. 3 in waiting list. Undisputedly, Vinay Kumar Jain, who was at Serial No. 1 in the waiting list was given appointment on 8.12.1990 because select candidate did not report. Thereafter, one Ajay Kumar Jain, who was neither in the impugned select list nor in the waiting list was given appointment on 1.5.1991. Matter was reported that Ajay Kumar Jain was given wrong appointment despite the fact that he neither participated in the selection process nor his name was either in the select list or in the waiting list. After proper enquiry, the then Collector, Haridwar vide order dated 11.10.1994 was pleased to revoke the appointment of Ajay Kumar Jain. Ajay Kumar Jain approached this Court, however, petition filed by him was dismissed but he was given liberty to approach Public Services Tribunal and he approached Public Services Tribunal and ultimately his claim petition was dismissed.
(2.) Mr. J.P. Joshi, learned Senior Counsel assisted by Mr. P.C. Bisht, learned counsel appearing for the petitioner submits that since Ajay Kumar Jain was wrongly given appointment ignoring the waiting list and his appointment has already been revoked and one Jawahar Chauhan who was at Serial No. 2 did not join, therefore, the petitioner being on top in the waiting list should be given appointment.
(3.) Undisputedly, select list and waiting list was declared on 30.12.1989 and as per Government Order dated 27.11.1977, select list was valid only for one year and three months, therefore, select list stood expired/exhausted on expiry of 15 months i.e. 31.3.1991.;

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