PREM CHAND AND ORS. Vs. STATE OF HARYANA AND ORS.
LAWS(P&H)-1989-2-99
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 08,1989

Prem Chand And Ors. Appellant
VERSUS
State Of Haryana And Ors. Respondents

JUDGEMENT

G.R. Majithia, J. - (1.) THIS judgment will dispose of C.W.P. Nos. 4315, 4316, 4319, 4435, 5103, 5211 of 1987, C.W.P. No. 718 of 1984, and L.P.A. Nos. 966, 989, 990 and 991 of 1988. Some interim directions were given in Writ Petitions Nos. 4316, 5103 and 5211 of 1987 by a learned Single Judge of this Court and the L.P. As. Nos. 966, 989 and 990 of 1988 have been filed by the State Government against those orders. L.P.A. No. 991 of 1987 is directed against the interim order in C.W.P. No. 1103 of 1988.
(2.) IN C.W.P. No. 718 of 1984, the petitioners have levied a challenge against the instructions contained in letter No. 2311 -IGSI -72/15727, dated 26th May, 1972, issued by Respondent No. 1. Under these instructions, the State Government could fill up vacancies occurring in a particular Department within six months of the receipt of the recommendations from the Commission/Board. Any vacancy arising within six months of the receipt of the recommendations could be filled up out of the recommendations made by the Commission/Board. The challenge was made under the following circumstances.
(3.) ON July 7, 1981 and September 22, 1981, the Subordinate Services Selection Board, Haryana, (for short, "the Board") advertised 22 posts of Naib Tehsildars (11 posts of Naib Tehsildars for Ambala Division and 11 posts for Hissar Division). The Board made selections on November 19, 1982, and recommended the names of 102 candidates for these posts. The Commissioners, Ambala and Hissar Divisions, filled up the vacancies out of this list of 102 candidates not only created upto the years 1981 and 1982 but also which were created in the year 1983. The Commissioner, Hissar Division, Hissar, made appointments on May 17, 1983, May 18. 1983, and on June 23, 1983, out of the recommendations made by the Board. The Commissioner, Ambala Division, Ambala, made appointments of 21 candidates on July 12, 1983, out of the same list. The grouse of the Petitioners is that they were fully qualified for the said posts. The action of the Commissioners in not inviting fresh applications for appointment to the posts of Naib Tehsildars, which fell vacant after the expiry of six months from the date of the original recommendations made by the Board, is illegal and bad in law.;


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