L.N. Mittal, J. - (1.) HOSHIAR Singh has filed the instant writ petition assailing order 28.6.2010, Annexure P/5 passed by Respondent Haryana Vidhut Parsharan Nigam Ltd. (HVPNL) thereby rejecting the claim of the Petitioner for appointment as Shift Attendant (SA).
(2.) ADVERTISEMENT was issued on 2.3.1992 for post of Assistant Linemen (ALM) and Shift Attendants (SAs). Selection made pursuant thereto was quashed by this Court and direction was issued to make fresh selection after fresh advertisement. Accordingly, fresh advertisement was issued on 4.3.1996. Selection made pursuant thereto was challenged by filing various writ petitions which were disposed of vide order dated 3.12.2008, Annexure P/1. Operative part thereof is reproduced hereunder: In the circumstances, I direct the Respondent -Board to consider for appointments atleast 336 reserved category candidates for the posts of Assistant Linemen and 75 reserved category candidates for the posts of Shift Attendants from amongst the candidates of reserved category who may have been ousted as a result of wrongly appointed in reserve category, even those reserved category candidates who were entitled for appointment on the basis of their merit even in the general category, and offer appointments to reserved candidates, as per the merit list prepared at that time, out of the posts, which are admittedly lying vacant even today. It is further clarified that any such candidates who are appointed as a result of this exercise would not be entitled to receive any back -wages but would be entitled to all other consequential benefits. In view of the admitted fact about the existence of vacancies, I further hold that it would not be in the interest of justice to displace those general category candidates who may have been given appointments because of the illegal ouster of reserved category candidates since they have now been in service for the last 11 years and No. fault can be found with them. The entire exercise will be conducted by the Respondent -Board (or its successors) within a period of four months from the receipt of a certified copy of this order. Pursuant to the aforesaid order, appointment was offered to 336 candidates as ALM and 75 candidates as SA. Out of it, five candidates at Sr. Nos. 55 to 59 of the merit list were offered appointment as SA in SC "B" category. Out of those five candidates, two candidates at Sr. Nos. 56 and 57 did not join. The Petitioner made claim for appointment to one of the said posts being at Sr. No. 60 in the merit list. The said claim has been rejected vide impugned order Annexure P/5 which has been impugned by filing the instant writ petition.
(3.) I have heard learned Counsel for the parties and perused the case file.;