Shiv Shakti Ram And Others v. State Of Haryana And Another

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.23.07.2019 Shiv Shakti Ram and others

...Petitioners

Vs State of Haryana and another ..Respondents CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Santosh Kumar Tripathi, Advocate for the petitioners.

-.- AMIT RAWAL J. (ORAL) Petitioners sought quashing of list (Annexure P-8) of Head of Departments of State Government issued by the Haryana Government.

It is contended that petitioners are working on Group C posts in Dakshin Haryana Bijli Vitran Nigam. Vide advertisement No.4/2019 dated 13.06.2019 (Annexure P-1), Haryana Public Service Commission caused an advertisement for the post of Haryana Civil (Executive Branch) from Register A-II of Members of Group 'C' for the year 2019. Closing date mentioned in the advertisement was 8.7.2019. Eligibility criteria laid down in the aforesaid advertisement was written test and after short-listing interview with following qualifications:- "(a) (i) has completed eight years continuous Government Service;

(ii) has not attained the age of fifty years on the first day of November immediately preceding the date of submission of names by concerned authorities. (iii) is not facing disciplinary proceedings and against

-2whom action is not being contemplated; and (iv) is clear from vigilance angle;

(b) is a Graduate from a recognized university." Petitioners being fully eligible submitted their applications through proper channel, which were forwarded by Superintending Engineer, Operation Circle-I, DHBVN, Gurugram vide letter dated 20.06.2019 (Annexure P-5) but their names did not figure in list of eligible candidates on the premise that applications were to be submitted through administrative secretaries whereas the DHBVNL does not fall within list of Departments of State of Haryana.

Note (III) of advertisement mentions that only State Government employees would be eligible for recruitment and at Sr. No.9 name of department has been given as Chief Electrical Inspector and same is being governed by Government of Haryana, Power, Employment and Renewable Energy Department, thus, petitioners are fully eligible being employed in DHBVNL.

I am afraid aforementioned argument would not be sustainable. Annexure P-6 do not reflect that Dakshin Haryana Bijli Vitran Nigam Limited is in the list of Head of Departments of State Government. List (Annexure P-6) was promulgated much earlier and if at all there was any grievance, petitioners could have challenged the same at appropriate stage and not at this belated stage when examination is slated for tomorrow. Petitioners failed to substantiate as to how DHBVN is in any way a specie of Department of Chief Electrical Inspector, Haryana and Administrative Secretary of same is

-3Additional Chief Secretary to Government, Haryana, Power, Employment and Renewable Energy Department as pleaded in writ petition. In such circumstances, grievance of petitioners cannot be vindicated at this stage.

No ground for interference is made out.

Dismissed.

(AMIT RAWAL) JUDGE July 23, 2019 Pankaj* Whether speaking/reasoned Yes Whether reportable No