Rajiv v. Haryana Staff Selection Commission And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH **** CWP-28711-2025 Date of Decision:30.09.2025 RAJIV

...Petitioner

Vs.

HARYANA STAFF SELECTION COMMISSION AND OTHERS

...Respondents

CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Ravinder Singh Dhull, Advocate with Mr. Navnit Sharma, Advocate and Ms. Sakshi Dhull, Advocate for the petitioner Mr. Ashok Kumar Khubbar, Addl. A.G, Haryana.

*** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of appointment letter dated 28.08.2025 to the extent he has been appointed as Cook without seeking preference.

2.

The petitioner, pursuant to Advertisement No.1/2023 dated 30.05.2023, applied for Group D post under General (ESM) Category. He appeared for the written examination and cleared the same. Final result was declared on 02.07.2025. He was issued provisional appointment letter dated 02.07.2025. The services of petitioner are subject to Haryana Group D Employees (Recruitment and Conditions of Service) Act, 2018 (for short '2018 Act'). As per Section 10 of 2018 Act, a candidate may apply for any number of departments and indicate his priority for such DEEPAK BISSYAN 2025.09.30 17:36 I attest to the accuracy and integrity of this document

CWP-28711-2025 -2departments. The respondent asked the applicants to give preference for not interested posts whereas they were not asked to give preference of department as per Section 10(2) of 2018 Act. The posts of Group D are merged into General Cadre, thus, choice of post is required to be obtained so as to enable the candidate to select the trade where he is comfortable. The petitioner had never given choice for the post of Cook, however, he has been allotted post of Cook.

3.

In compliance of directions dated 24.09.2025 of this Court, learned State counsel has received instructions with respect to implementation of Section 10(2) of 2018 Act. He submits that by notification dated 26.09.2018, 2018 Act was amended and Section 10(2) was omitted, thus, claim of petitioner is not sustainable. 4.

Faced with this, learned counsel for the petitioner seeks permission to withdraw the petition with liberty to avail remedies with respect to his grievance in accordance with law. 5.

Dismissed as withdrawn with aforesaid liberty. 6.

Pending application(s), if any, stands disposed of. (JAGMOHAN BANSAL) JUDGE September 30, 2025 Deepak DPA Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DEEPAK BISSYAN 2025.09.30 17:36 I attest to the accuracy and integrity of this document