High CourtsDivision Bench(2012) 12 SHI CK 0002

Ashok Kumar vs State of Himachal Pradesh, The Deputy Commissioner Sirmaur, District Sirmaur, H.P. and The H.P. Subordinate Services Selection Board, Hamirpur

High Court Of Himachal Pradesh · Decided on 31 December 2012

HON’BLE JUDGES
Kurian Joseph, C.J · Sanjay Karol, J
CASE NUMBER
CWP No. 6924 of 2012-C

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Judgment

10 paragraphs · 587 words

Sanjay Karol, J.—Petitioner has prayed for the following relief:-

It is, therefore, most respectfully prayed that respondent No. 1 and 2 may kindly be directed to make the process of filling up posts of clerks in time bound manner and the creation of the post of clerks etc. may be required to (sic -be) created in the office of SDM in the Sub Division at Sangrah District Sirmaur, H.P. and further directions be issued to the respondents No. 1 and 2 to sent (sic-send) requisition to respondent No. 3 at the earliest and further direct the respondent No. 3 to expeditiously complete the process of recruitment.

On 19.11.2012, this Court passed the following interim order:-

In the short reply filed by the third respondent, it is stated that only one requisition has been received for filling up one post of Clerk of SC (Unreserved) category in the office of Deputy Commissioner, Sirmaur, for which selection process has already been completed and the recommendation is now pending before the Deputy Commissioner, Sirmaur. There will be a direction to the Deputy Commissioner, Sirmaur to take appropriate further action on the recommendation made by the Subordinate Service Selection Board, Hamirpur, on or before 30th December, 2012.

There will also be a direction to the first respondent to file reply as to the number of posts of Clerk in the OBC and BPL categories. Post on 31st December, 2012.

2.

The Deputy Commissioner, Sirmaur District at Nahan, H.P. has filed his personal affidavit on 27.12.2012 explaining the position with regard to filling up of the posts lying vacant in his Division. Relevant portion of his affidavit is extracted hereinbelow:-

That as per the roster points of the District Establishment of Deputy Commissioner, Sirmaur''s office, the cadre strength of the post of clerks including the newly created at Sub Division (Civil''s), Sangrah, there are 88 posts of clerks. Out of these 88 posts, 59 posts have been filled up. The requisition for 3 posts of clerks is lying pending with the Secretary, H.P. Subordinate Services Selection Board, Hamirpur and Secretary, H.P. State Selection Committee, Ex-Serviceman Cell, Hamirpur. The position of remaining vacant posts of clerks are being sent to the Government time to time for seeking approval. It is submitted that as per the roster points of the District Establishment of the Deputy Commissioner, Sirmaur for Cadre Strength of 88 Clerks, there are 10 posts for OBC, 2 posts for OBC (Ex-Serviceman), 2 posts for OBC (Antodaya/IRDP), 2 posts for SC (Antodaya/IRDP) and 5 posts for Un-Reserved (Antodaya/IRDP) including backlog of filled up 59 posts of clerks in the District Establishment of Deputy Commissioner, Sirmaur. However, no such posts for BPL category has ever been separately defined in the roster points of District Establishment. A photocopy of the H.P. Subordinate Services Selection Board, Hamirpur letter No. HP.SSSB-B(2)-645/2011-19669 dated 14.09.2012 is also enclosed herewith for kind perusal and ready reference of this Hon''ble Court as Annexure-A. Since the name of the petitioner has not been sponsored by the H.P. Subordinate Services Selection Board, Hamirpur, therefore, no appointment as sought can be offered to the petitioner by the replying respondent No. 2. The replying respondent No. 2 being Govt. servant is under obligation to follow the guidelines and implement accordingly.

As such, in our view, the present petition is disposed of with a direction to the respondents to take steps for selecting the candidates and filling up the posts within four months from today.

Pending application, if any, also stands disposed of.

Dasti copy.