M.M. Kumar, J. - (1.) THIS petition filed under Article 226 of the Constitution prays for quashing order dated 23.12.2005 (Annexure P. 13) whereby the order of appointment of the petitioners has been rescinded. A further prayer has been made for issuance of a direction to the respondents to allow the petitioners to continue on Class IV posts as per their appointment letters issued on 24.12.2004/30.12.2004 (Annexures P. 5 to P. 11) with all consequential benefits.
(2.) BRIEF facts of the case necessary for disposal of the instant petition are that the Director, State Vigilance Bureau, respondent No. 3 is stated to have sent a requisition to the Director General of Police, Haryana, respondent No. 2 to fill up seven vacancies of Class -IV in the office of State Vigilance Bureau. The Selection Committee was constituted by the Director General of Police and all the petitioners claim to have appeared before the Committee. It is further claimed that they were selected and an intimation in that regard was sent by respondent No. 2 to respondent No 3 as is evident from the perusal of communication dated 16.12.2004. In pursuance to the aforementioned communication, the petitioners were asked to undergo medical examination on 17.12.2004 (Annexure P. 3). They were round medically fit and the medical certificate dated 17.12.2004 has been placed on record as Annexure P. 4 in respect of one of the petitioners i. e. Parmodh Kumar Yadav, petitioner No. 1. Similar certificates claims to have been issued to other petitioners which resulted into issuance of appointment orders to them on 24.12.2004 (Annexures P. 5 to P. 10). On 23.12.2005, the Director State Vigilance Bureau, respondent No. 3, passed an order to the effect that no Class IV post should be filled up without advertising in the newspaper or notifying the same to the Employment Exchange. It pointed out the following illegalities in the selection and appointment of the petitioners: The Director General of Police, Haryana recommended names for filling up seven posts of Class IV employees in this Bureau. As per Rules these posts could not be filled up without advertising/notifying in newspaper or Employment Exchanges. The office of the Director General of Police Haryana did not advertise these posts as per Rules. The board constituted for the selection of the posts to be selected for the Class IV employees of this Bureau has not done fair job in interviewing and selecting the candidates for the posts of Class IV employees, which selected and approved the names of seven persons including yourself. Moreover your appointment order was issued after the enforcement of the code of conduct by the Election Commission of India. In view of these unlawful illegalities/ irregularities, the whole selection process by which you were selected becomes void and illegal. The aforementioned order was issued to the petitioner by observing that it was not possible for respondent No. 3 to keep them in service and the order of appointment issued on 24.12.2004 and 13.12.2007 Annexures P. 5 to P. 11 were withdrawn. Feeling aggrieved, the petitioners have approached this Court.
(3.) IN the written statement a specific stand has been taken by respondents that when 125 vacancies of Class IV posts for HSISF Battalion were advertised and after the interview selection list was published. Accordingly 46, 44 and 41 candidates were selected for 3rd, 4th and 5th Battalion of HSISF. The names of the petitioners were never included in the aforementioned select list. These seven posts were found vacant with respondent No. 3 and a requisition was sent to respondent No. 2 for filling up the same. However, instead of advertising the aforementioned seven posts the names of the seven petitioners were recommended by respondent No. 2 asking respondent No. 3 to issue them appointment letters. It is categorically asserted in preliminary objection No. 1 and in Para 9 of the reply that no advertisement was ever issued for filling up these seven posts and the names of the petitioners were wrongly recommended by respondent No. 2 from the unsuccessful candidates of earlier selection. The aforementioned written statement was filed on 24.7.2006 and the same has not been controverted by filing any replication highlighting that the posts infact were advertised in the Press inviting applications from all eligible persons in accordance with the Rules.;