Raj Kumar And Another v. The State Of Haryana And Others



  

  
  
 



         



 

!"!

#$%&&

'(

   




) *

     )

 
 ($+ ,( & )
-
 )& 

 &
....
  

 
 

  



 
(through video conference)

-
 )& 

 / &0 ,1  
 !


 

  


 

!

   


 
" 
#   


$%
&
'
()

)
*
+, !-
)

 





,
 -

 


, 
.




$/
)
 0

  

1 ! -
)


0


-

 -





 

, 
-
 
, 

 
, 






2 
 







 
 !
 
 




3 -


 



 


4 !
 
 
+" 

5

#.
  

/6/%
7
3 -


 
#))







Advertisement No.1/2023 on 30.05.2023 for 13536 posts of Group-D in various departments/ Commissions/Boards/Corporations/Authorities/Agencies/Cooperative Societies of the Government of Haryana. The petitioners belong to the said category i.e.



ESP and applied thereunder with all relevant documents and appeared for the CET exam held on 21.10.2023 and 22.10.2023 and cleared the same. The roll numbers of the petitioners were however wrongly reflected in the sub-category of ESM. He submits that the petitioners were issued provisional appointment letters on 01.04.2024 and have been working continuously since then, but no salary has been paid to them for the last 16 months. The reasons informed by the respondents for non-release of the salary is that the Sports Gradation Certificates of the petitioners have not yet been verified. He contends that the respondents have erred in seeking verification of the Sports Gradation Certificates from Sirsa and Hisar i.e.

the places to which the petitioners belong, notwithstanding that the verification of the Sports Gradation Certificates had to be got done from Fatehabad w.r.t. petitioner No.1 and from Rohtak w.r.t. petitioner No.2, since the aforesaid Sports Gradation Certificates have been issued by respective District Sports & Youth Affairs Officers of the said districts. But the respondents have wrongly sent the Certificates for verification to Sirsa and Hisar respectively. He further contends that he would be satisfied at this juncture, in case the Appointing Authority/respondents are directed to get the verification of the Sports Gradation Certificates of the petitioners through the respective authorities who have issued the said certificates i.e.

Fatehabad and Rohtak respectively and to direct the Haryana Staff Selection Commission for making an appropriate modification w.r.t. the sub-category of the petitioners from ESM to ESP and that the salary for the period for which the petitioners have worked be also directed to be disbursed. Notice of motion.

 

Mr. Tapan Kumar, DAG, Haryana accepts notice on behalf of the respondents and prays for some time to verify the factual assertion and to file a reply, however, in view of the order which this Court intends to pass, the formal reply of the respondents would not be necessary. It is evident from a perusal of the documents including the application forms that were submitted by the petitioners that they had applied under the Category of ESP. Accordingly, the present writ petition is disposed of at this stage with the following directions:

(i) The Department of Human Resource, Haryana shall seek the verification of the Sports Gradation Certificates of the petitioners from the Competent Authorities who have issued the same i.e. District Sports and Youth Affairs Officer, Fatehabad in relation to petitioner No.1 and District Sports and Youth Affairs Officer, Rohtak in relation to petitioner No.2 within a period of one month of the receipt of certified copy of this order; whereupon the respective District Sports and Youth Affairs Officers are further directed to submit their report within a further period of two months.

(ii) The Haryana Staff Selection Commission i.e. respondent No.3 is directed to treat the present writ petition as a representation and to carry out necessary correction on the basis of the claim raised by the petitioners in case the same is found to be correct i.e. in relation to the change of Category from ESM to ESP as per the applications submitted by the petitioners. Let the aforesaid exercise be carried out by the Haryana Staff Selection Commission-respondent No.3



within a period of three months of the receipt of certified copy of this order.

(iii) The respondent No.2 is directed to ensure that the admissible salaries of the petitioners for the period for which they have worked or have been working is not unnecessarily withheld and is released forthwith within a period of two months of the receipt of certified copy of this order.

Disposed of in above terms.

0-
 )& 

 1
,%/&