CWP No. 1811 of 2008. Case: Dev Raj Vs State of H.P. and others [Alongwith CWP Nos. 1054, 5554, 5555, 5556, 5557, 5558, 5559, 5597, 5613, 5614, 5616, 5735, 5737, 5738, 5739, 5740, 5763, 5766, 5767, 6190, 6563, 6833, 6893, 6908, 6909, 6910, 7137, 7376, 7440, 7813 and 8336 of 2010 and CWP Nos. 601 and 982 of 2011]. Himachal Pradesh High Court
| Case Number | CWP No. 1811 of 2008 |
| Judges | Mr. Deepak Gupta, J. |
| Issue | General Rules - Rules 3, 4 and 19; Recruitment and Promotion Rules; Constitution of India - Article 309 |
| Judgement Date | November 14, 2011 |
| Court | Himachal Pradesh High Court |
Judgment:
Deepak Gupta, J., (At Shimla)
-
All the aforesaid writ petitions are being disposed of by a common judgement since similar questions of law and facts are involved in these cases.
-
The following question arises for decision in all these cases:
Whether the Recruitment and Promotion Rules relating to the posts in question existing on the date when the advertisement was issued are applicable while filling in the posts or the employer has the right to change the Rules after advertisement has been issued and selection can be made on the basis of the amended/new rules?
-
There are three sets of cases before the Court. They relate to the appointment of Steno-typists in the Irrigation and Public Health Department, appointment of TGT (Non Medical) and appointment of TGT (Medical) but the basic issue is almost identical.
CWP No. 1811 of 2008:
-
On 10.10.2002 the H.P.Subordinate Services Selection Board, Hamirpur (hereinafter referred to as the Board) issued an advertisement inviting applications for various posts including those of Steno-typists. The petitioner applied for the said post. Though the process started in the year 2002, screening test was held in the year 2007 and thereafter skill test was conducted on 28.08.2007 and the petitioner was found eligible for appointment. He was declared successful on 4.6.2008. Thereafter a letter was issued to him on 1.9.2008 offering him appointment as Steno typist in the Irrigation and Public Health Department. The appointment was, however, offered on contract basis and not on regular basis. The petitioner filed the present writ petition and on 29.9.2008 this Court passed an interim order permitting the petitioner to join service pursuant to the aforesaid letter without prejudice to his rights to claim regularization in the present petition.
-
The claim of the petitioner is that the Recruitment and Promotion Rules which were issued on 27.1.1997 did not contain any provision permitting the State Government to make appointment on contractual basis. It was only on 3rd July, 2008 that a fresh set of Recruitment and Promotion Rules was issued, which permitted recruitment to be made on contract basis. It is contended by Shri M.A.Khan, learned counsel for the petitioner, that the Rules of 2008 could not be made applicable in the case of the petitioner wherein the post was advertised in the year 2002, screening and skill test held in the year 2007 and the petitioner selected on 9.6.2008. It is also contended that the other persons selected in the same process as Steno-typist(s) but posted in other departments were given regular appointment whereas the petitioner who happened to be posted in the Irrigation and Public Health Department was offered the appointment on contract basis only.
-
The stand of the State is that the offer is in accordance with the rules as framed on 3rd July, 2008 and the appointment of the petitioner was made thereafter on 1.9.2008 and the petitioner has no right to claim regular appointment.
CWP Nos. 5763/10, 6190/10, 7137/10, 7440/10, 7813/10 and 8336 of 2010.
-
The petitioners in the aforesaid petitions are all Trained Graduate Teachers (Medical). On 5.7.2002 the Board issued an advertisement inviting applications for different posts in various departments and 273 posts of TGT (Medical) in the pay scale of Rs.5480-8925 were advertised. The petitioners applied for the said post and they alongwith others appeared in the written test conducted on 15.09.2002. The result of the written test was declared on 4.10.2002 and the petitioners were successful in the screening/written test. The petitioners were thereafter called for interviews on various dates in the months of October and November, 2002 and on 10.12.2002 the Board recommended the names of 267 candidates including the petitioners for appointment to the post of TGT(Medical).
-
In the meantime, the H.P. State Assembly was dissolved and elections were announced and as such model code of conduct came into operation. A fresh Government came into power on February, 2003. The new Government was of the opinion that the selection made earlier was not fair and therefore no offer of appointment was made to the petitioners. Thereafter, the petitioners alongwith other candidates filed original applications before the erstwhile H.P.State Administrative Tribunal praying that the appointments be made in accordance with the merit drawn up by the Board as per the procedure prescribed under the Rules. The matter remained pending in the erstwhile H.P.State Administrative Tribunal for many years.
-
In the meantime, the State Government referred the matter to the Enforcement Department for inquiry/investigation. A detailed inquiry was conducted and nothing illegal was found in the selection of candidates applying to the post of TGT (Medical). The petitioners were, however, denied appointment. In December, 2007 elections were again held and power changed hands again. Thereafter, the matter was re-examined again and it appears that the Government took a decision to offer appointments to those people who had been selected pursuant to the advertisement issued in the year 2002. Letter Annexure P-3 dated 16th June, 2008 shows that the Government decided to offer appointment to the candidates if they withdrew the Court cases filed by them. The petitioners accordingly withdrew the Court cases but they were appointed only on contract basis and not as regular TGT(Medical). Their grievance is that they should have been given regular...
To continue reading
Request your trial