Sapna And Others v. State Of Haryana And Others
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1.
CWP No. 3932 of 2016 Sapna and others
...Petitioners
Versus
State of Haryana and others
...Respondents
2.
CWP No. 5925 of 2016 Pawan Tomar
...Petitioner
Versus
State of Haryana and others
...Respondents
3.
CWP No. 5095 of 2016 Chhavi Singhal
...Petitioner
Versus
State of Haryana and others
...Respondents
4.
CWP No. 5068 of 2016 Nand Kishore and another
...Petitioners
Versus
State of Haryana and others
...Respondents
5.
CWP No. 6502 of 2016 Paramjit Singh and another
...Petitioners
Versus
State of Haryana and others
...Respondents
Date of Decision:- 06.04.2016
CORAM:
HON'BLE MS. JUSTICE RITU BAHRI
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest? Yes
-2- ***
Present:
Mr. N.D. Achint, Advocate, for the petitioners in CWP No.3932 of 2016.
Mr. Vijay Kumar, Advocate for Mr. Sanjay Mittal, Advocate for the petitioner in CWP No.5095 of 2016.
Ms. Promila Nain, Advocate for the petitioner in CWP No.5068 of 2016 Mr. Akshay Kumar Goel, Advocate for the petitioner in CWP No. 6502 of 2016.
Mr. Abhimanyu Singh, Advocate for the petitioner in CWP No.5925 of 2016.
Mr. Hitesh Pandit, Additional Advocate General, Haryana. Mr. Gurminder Singh, Sr. Advocate with Ms. Vriti Gujral, Advocate, for respondent Nos. 3 to 15- Haryana State Legal Services Authority, Panchkula.
Mr. S.P. Arora, Advocate for the applicants.
**** RITU BAHRI, J. (Oral) This order shall dispose of the above five petitions as common question of facts are involved in all these petitions. However, for the facility of reference, the facts are being taken from CWP No.3932 of 2016. As per the District Legal Services Authority Rules, 1995, the appointment to the Group C and D posts was to be made by the Chairman, District Level Legal Service Authority. Subsequently, on account of large number of vacancies and paucity of staff, the Chairman of the State Legal Service Authorities, referred the matter for selection to the Central Recruitment Agency, which has been created to facilitate selection process.
-3The aim and object of the Society is to provide an effective, efficient, public centered, transparent selection mechanism for recruitment and training of staff in the Subordinate Courts of States of Punjab, Haryana and Union Territory of Chandigarh and others offices/institutions which may be entrusted from time to time to get their services. In pursuance to the aim and object of the Society, the Chairman of the State Legal Services Authority, has made a request vide letter dated 08.01.2014 (Annexure R-3/2), to get the selection of above said posts of Clerk and other posts from the agency and in the case of the petitioners, the decision was taken to give relaxation in age up to 7 years. After the decision was taken on 08.01.2014 (Annexure R-3/2), the advertisement (Annexure P-14) was issued on 31.05.2014. The petitioners have participated in the selection process.
The only claim was present in the present petitions is that as per the representations the case for regularization be considered by the respondent's-authority.
Since, the Chairman, State Legal Services Authority, has referred the matter for selection as per the aims and object of the Society the selection process has been initiated and considered correctly. The interim order dated 26.02.2016, passed by this Court stands vacated and the respondents can proceed with the appointment of the selected candidates through the competent authority. The respondent No.1 has further stated in the written statement that the case for regularization of the petitioners has been recommended to the State Government.
-4At this stage, counsel for the petitioners does not press these writ petitions for quashing of the selection conducted by the Central Recruitment Agency. They restricts their prayer that in view of the continuity of their services as per the appointment letters, the petitioners are working on temporary basis for the last 3 years, the government shall consider their case for regularization as the posts are still lying vacant. Mr. Gurminder Singh, Senior Advocate, on instructions from Member Secretary, Haryana State Legal Services Authority, has informed that the matter has been referred to State Government for consideration the case for regularization on 07.12.2015.
In view of above, the present petitions are disposed of by giving directions to the State Government to pass appropriate orders on the recommendation made by the Haryana State Legal Services Authority, within a period of three months.
April 06, 2016 ( RITU BAHRI ) naresh.k JUDGE