Rajeev Kumar vs State of H.P. and Others

V.K. Sharma, J.—The petition has been filed on the following prayers :

That the Respondents be directed to appoint the applicant in the posts of Assistant Engineer Class I (Civil) with effect from the date of selection made by the HP Public Service Commission, and the Respondents be directed to treat the applicant to have been appointed on the posts with retrospective effect for all intents and purposes.

That the appointments/selections made by H.P. Public Service Commission as mentioned in para 6 (i) of the application above be declared illegal, improper, null and void.

Respondent No. 1 has taken the following stand in the preliminary submissions and para 6 (d) of the reply :

Preliminary submissions :

... However, it is submitted that initially 28 posts of Assistant Engineers (Civil) in the Department of the replying Respondent had fallen vacant on account of retirements/deaths and promotions up to 31.12.95. These were to be filled up by direct and promotion in the ratio of 30:70 in accordance with the provision of the R and P Rules. Thus 8 vacancies were to be filled up by direct recruitment and the balance 20 by promotion. Therefore, for 8 Nos. vacancies to be filled up by direct recruitment, a requisition was placed with the Respondent No. 4 through letter dated 20.7.95. The said vacancies had occurred up to 31.12.95. For the year 1996, 8 Nos. of vacancies were anticipated to occur in the direct recruitment quota and accordingly keeping in view the urgency of filling up these functional posts and in anticipation of the concurrence of the Finance Department, the Respondent No. 4 was again requested to prepare a panel of additional 8 names. The said request was sent through letter dated 22.4.96. On final calculation, it was found that up to 31.12.96 a total of 37 vacancies would be available on account of deaths/retirements and promotions out of these 11 were to be filled up by direct recruitment and remaining 26 by promotion. Accordingly a proposal was sent for the approval of the Finance Department of H.P. for filling up all these 11 vacancies in relaxation of the ban imposed upon direct recruitment. The Finance Department of H.P. accorded its approval for filling up all these 11 vacancies. In view of this position, vide letter dated 13.6.96 in continuation to letter dated 22.4.96 Respondent No. 4 was asked to recruit 11 candidates instead of 8 for the year 1996 in addition to 8 Nos. of candidates for the year 1995.

Reply on merit:

6 (d). Pertains to Respondent No. 4. However, it is submitted that after the issue of advertisement for filling up 8 No. of posts of Assistant Engineer by direct recruitment for the year 1995 in the Department of replying Respondent which fell vacant due to death/retirement and promotion, further 11 Nos. of posts fell vacant for the year 1996 in the direct recruitment quota. For filling these posts case was moved to the State Finance Department for its approval and the sanction was accordingly received from the Finance Department. Thereupon on 13.6.96, Respondent No. 4 was requested to hold recruitment for these posts also. However, on 22.4.96 i.e. before the conduct of screening test by Respondent No. 3, the replying Respondent had requested Respondent No. 3, that it would be requiring recommendations for at least 8 additional posts.

Respondent No. 3 has taken the following stand in the preliminary submission and para 6 (d) of the reply :

Preliminary submission :

It is submitted that the present O.A. is not maintainable as a similar situated O.A. No. 1285/96 titled Sh. Ranjit Singh v. State of Himachal Pradesh has also been filed in the Hon''ble Tribunal and the reply of the O.A. have also been filed by the replying Respondent o n 28.10.1996. The O.A. is still pending for final disposal in the Hon''ble Tribunal. Therefore, the present petition is not maintainable and liable to be dismissed.

Reply on merits :

6 (d). The averments made by the applicant in this para is admitted to the extent that replying Respondent placed requisition with Respondent No. 4 on demand of the Himachal Pradesh Housing Board that three posts of Assistant Engineer (Civil) are lying vacant in Housing Board. Thus on the demand of H.P. Housing Board, the Respondent No. 4 was requested vide letter dated 16th February, 1996 to sponsor the names of three candidates each from Scheduled Castes, Scheduled Tribe and General categories. This requisition was therefore sent much before the conduct of the screening test by Respondent No. 4 on 19.5.1996. In view of requisition placed with the Respondent No. 4 vide their letter dated 24th August, 1996 recommended the three selected candidates for appointment to the post of Assistant Engineer (Civil).

Respondent No. 4 has taken the following stand vide paras 6 (d) and 6 (j) of the reply :

6 (d). Admitted and submitted that after issuance of advertisement referred to in para-6 (a) of O.A., a requisition for filling up of 3 more posts of Assistant Engineer (Civil) (Gen.=1, S.T.=1 and S.C.=1) was received on 19.02.1996 from the Joint Secretary (Housing) to the Government of Himachal Pradesh. According to the requisition these posts were sanctioned in December, 1995.

A further requisition for filling up of 11 more posts of Assistant Engineer (Civil) (Gen.=6, Ex.S.M.=2, S.C.=2, O.B.C.=1) in the Department of Irrigation and Public Health was received from the F.C.-cum-Secretary (I.P.H.) to the Government of Himachal Pradesh on 14.06.1996. According to the requisition these vacancies were caused due to retirement and promotion of Assistant Engineers (Civil) to the post of Executive Engineer.

A further requisition for filling up of 11 more posts of Assistant Engineer (Civil) Gen.=8, Genl. Ex.S.M.=1, S.C.=1 & S.T.=1) was received from the F.C.-cum-Secretary (Public Works) to the Government of H.P. on 15.06.1996. According to the requisition these vacancies were due to retirement/death.

Posts of Assistant Engineers (Civil) in all the above departments have the same essential qualifications and same scale of pay. The necessary addendum to the advertisement was accordingly issued and in this advertisement it was clearly mentioned that the number of posts to be filled up is only tentative and likely to increase or decrease.

According to the decision, convention and the practice in the Commission, all posts, requisitions for which are received before declaration of the result of screening tests, are clubbed together and the requisite number of candidates, as per the norms of the Commission, are called for interview.

6 (j). Para 6 (j) is wrong and is denied. The screening test is held only to short list the number of candidates who are ultimately called for interview. Marks obtained in the screening test are not considered at the time of selection or for giving any weightage. The performance of a candidate is assessed on the basis of his/her academic achievements, professional experience, knowledge, custom, culture and development in H.P., General knowledge and awareness, comparative and analytical ability, presentation and attitude. The selection is made on the basis of over-all performance before the interview board. The candidate could not come in merit.

In view of the above replies, in case the Petitioner has any grievance surviving with regard to the factual and legal aspect of the matter, it will be open to him to approach Respondents No. 1 to 3/competent authority along with copy of this judgment within one month from today, who shall consider and finally decide the same within another three months after affording an opportunity of being heard to the Petitioner, if so desired.

In view of the above observations, the writ petition is disposed of, so also the pending applications, if any.