G.S. Singhvi, J. - (1.) THESE appeals are directed against order dated 6.5.1993 by which learned Single Judge dismissed C.W.P. Nos. 12342 and 16816 of 1992 filed by the appellant.
(2.) THE facts necessary for deciding the two appeals are that after passing degrees of M.B.B.S. (1974) and M.S. (1977), the appellant was appointed to Punjab Civil Medical Service Class -II in the year 1978. After some time, he was sent on deputation to General Hospital, Sector 16, Union Territory, Chandigarh. While working as Surgical Specialist in General Hospital, Chandigarh, he applied for recruitment to Haryana Civil Medical (Group -A) Service (for short, the Service) in pursuance of the advertisement issued by the Haryana Public Service Commission (hereinafter described as 'the Commission'). On being recommended by the Commission, he was appointed to the Service vide memo No. 21/23/8I/5HB -I dated 22.11.1988 issued by the Commissioner and Secretary to Government, Haryana, Health Department (respondent No. 1). The same was sent to him by registered post, but was returned by the concerned postal authority with the remark that the addressee was not available in the hospital from 24th to 29th November, 1988. Thereafter, it was delivered to him on 15.12.1988 through messenger. However, instead of joining duty, he submitted representation dated 16.12.1988 to respondent no. 1 for extension of time. Simultaneously, he sought clarification as to whether his past service would be counted for retirement and seniority purpose and whether his pay would be protected. His prayer was rejected by the State Government and the offer of appointment given to him was cancelled vide order dated 11.1.1989 on account of his failure to join duty within the stipulated period. A copy of that order was sent to the appellant at General Hospital, Sector 16, Chandigarh, but he feigned ignorance about the same and submitted representation dated 7.3.1990 to the Secretary to Government, Haryana, Health Department (respondent no. 3) with the request that the prayer made by him vide representation dated 16.12.1988 for extension of time may be decided at an early date. After six months, he submitted another representation dated 21.9.1990 to respondent No. 3 for restoration of his status in the cadre of Group -A doctors. He then made representation dated 26.6.1991 to the Director, Health Services, Haryana (respondent No. 2) to appoint him on Group -A post. Having failed to evoke favourable response, the appellant filed C.W.P. No. 12342 of 1992 in which he made the following substantive prayers: - "i) By issuing a writ of Mandamus the respondents may be directed to promote the petitioner on the next available vacancy of H.C.M.S. (Group -A) which is likely to be vacated in near future or create a post for the petitioner: ii) By issuing such writ, order or direction as may be deemed appropriate in the circumstances of this case and the respondents maybe directed to protect the pay of the petitioner and his service should be counted for the purposes of retirement and pension benefit. iii) By issuing a direction the respondents may be directed to maintain the seniority which was made at the time of selection. iv) By issuing a writ of Prohibition the respondent may be restrained from filling the post of Group -A in H.C.M.S. which is likely to be vacated in the near future on promotion or retirement of Dr. BN Aggarwal of Haryana Cadre, during the pendency of this writ petition." During the pendency of that petition, the appellant filed C.W.P. No. 16816 of 1992 with the following prayers: - "i) a writ in the nature of Mandamus or any other suitable writ, order or direction as may be deemed appropriate in the circumstances of the case for appointing the petitioner on the post of Senior Medical Officer with all consequential benefits of service and for grant of other prayers so made out: ii) By issuing suit writ, order of direction as may be deemed appropriate in the instant case the respondents may be directed to protect the pay of the petitioner and his service should be counted for the purposes of retirement and pension benefits. iii) By issuing a direction the respondents may be directed to maintain the seniority which was made at the time of selection. iv) It is further prayed that the respondents be directed to order the posting of the petitioner in H.C.M.S. 1 with effect from the date of his selection and he be also allowed to continue on deputation against the post reserved by a Division Bench comprising Hon'ble Mr. Justice M.R. Agnihotri and Hon'ble Mr. Justice S.S. Grewal in C.W.P. No. 12342 of 1992: v) by issuing a writ in the nature of certiorari or any other appropriate writ quashing the exparte order dated 11.1.1989 (Annexure P -7) where by the candidature of the petitioner was cancelled without giving him any notice by the respondent No.1."
(3.) THE respondents controverted the appellant's claim and prayed for dismissal of the writ petitions on the ground of delay and also on the ground that the post offered to him had already been filled by appointing the next candidate from the waiting list. They also averred that none of the representations submitted by the appellant except the one dated 16.12,1988 had been received by the concerned authorities.;