- (1.) This Letters Patent Appeal under Clause X of the Letters Patent Appeal is directed against the judgment of the learned Single Judge, dated 25th July, 1989 passed in Civil Writ Petition No. 6798 of 1987 filed by Daya Krishan Bhardwaj, respondent before us. The learned Single Judge had allowed the writ petition and aggrieved against the said judgment, the appellants have filed the present Letters Patent Appeal.
(2.) The facts which led to the filing of the Letters Patent Appeal are that the father of the respondent was working as Deputy Director (Agriculture) i.e. on a Class I post and while in service, he died in harness in January, 1983. As per the instructions of the Government of Haryana, after consideration of the matter, a decision (copy Annexure P.1 with the petition) was taken by the Cabinet to appoint the respondent as Deputy Superintendent of Police, if found fit, otherwise in the alternative to appoint him as an Assistant Excise and Taxation Officer. This decision was taken on 12th September, 1985. The respondent was asked to report at the police institution for his physical test in which he was found fit, but even after the other formalities including the police verification were completed, no action was taken for respondent's appointment as Deputy Superintendent of Police. He made representations in this behalf, but to his utter dismay, instead of his appointment order for the post of Deputy Superintendent of Police, an intimation dated 18th February, 1987 (copy Annexure P-7) to the petition) was received by him stating that the matter of his appointment on the post of Excise and Taxation Inspector was under consideration and he should give his consent. The respondent in response to the above intimation sent his reply (copy Annexure P-8 to the petition) stating that he could join the post of Inspector provided his right of appointment to the post of Deputy Superintendent as per the decision of the Cabinet is kept reserved. Meantime, the respondent approached the Apex Court for redressal of his grievance and on the direction of the said Court, he filed a writ petition in this Court under Articles 226/227 of the Constitution of India for issuance of a mandamus directing the appellants to implement the aforesaid decision of the Cabinet, dated 12th September, 1985.
(3.) The learned Single Judge, while allowing the writ petition, issued a direction to the appellants to post the respondent as Deputy Superintendent of Police in accordance with the Cabinet decision dated 12th September, 1985, if otherwise found fit or in the alternative to appoint him as an Assistant Excise and Taxation Officer. It was also directed that the direction be complied with within a period of two months.;