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2014 DIGILAW 1235 (HP)

Jai Singh v. Himachal Pradesh State

2014-09-10

P.S.RANA

body2014
ORDER 1. Present Civil Writ Petition filed under Article 226 of the Constitution of India. Brief facts of the case as pleaded are that petitioner was engaged as DDT Beldars in the year 1987-88 by respondent department. It is further pleaded that name of the petitioner was sponsored through concerned employment exchange along with other DDT Beldars. It is further pleaded that petitioner worked with the respondent department till 30.9.1994 when his services were disengaged. It is further pleaded that petitioner filed CWP No. 719 of 1995 titled Jeet Ram and others vs. State of HP and others before Hon’ble High Court of HP which was disposed on dated 14.11.1995. It is further pleaded that Hon’ble High Court of HP in CWP No. 719 of 1995 titled Jeet Ram and others vs. State of HP and others issued following directions to the respondents. (1) That Secretary (Health) to the Government of Himachal Pradesh shall issue instructions to all concerned more particularly Chief Medical Officers of the Districts and Block Development Officers to maintain a seniority list of DDT Beldars. (2) That said seniority list shall be duly published in the notice board of the Block Development Officer and also at the office of Chief Medical Officer of the District and appropriate publicity shall also be given in the neighbouring places where such Beldars are working. (3) That whenever the season starts appointments shall be offered according to the seniority. It is further pleaded that respondents did not comply the directions issued by Hon’ble High Court of HP in CWP No. 719 of 1995 titled Jeet Ram and others vs. State of HP and others. It is further pleaded that respondent department may be directed to issue appointment of DDT Beldars or any post of Class-IV employee as per direction of Hon’ble High Court of HP dated 14.11.1995. It is further pleaded that respondent department may be directed to circulate the seniority list of DDT Beldars to the petitioner prepared as per direction of Hon’ble High Court of HP dated 14.11.1995. Prayer for acceptance of writ petition sought. 2. Per contra reply filed on behalf of respondents pleaded therein that petitioner was initially engaged as DDT Beldars on seasonal basis from time to time. It is further pleaded that the work of DDT spray is seasonal work and it is carried out from the month of April to September every year. Prayer for acceptance of writ petition sought. 2. Per contra reply filed on behalf of respondents pleaded therein that petitioner was initially engaged as DDT Beldars on seasonal basis from time to time. It is further pleaded that the work of DDT spray is seasonal work and it is carried out from the month of April to September every year. It is further pleaded that thereafter services of all the DDT Beldars used to be disengaged. It is further pleaded that as per direction of Hon’ble High Court of HP the seniority list of all the DDT Beldar was got prepared and maintained and thereafter all engagements of DDT Beldars on seasonal basis were made strictly as per seniority and in accordance with the sanction of government regarding number of persons to be engaged on year to year basis. It is further pleaded that one of the DDT Beldar was selected as Class-IV because he fulfills the requisite essential criteria in accordance with Recruitment and Promotion Rules. It is further pleaded that no cause of action accrued in favour of the petitioner. Prayer for dismissal of writ petition sought. 3. Court heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of the respondents and also perused entire records carefully. 4. Following points arise for determination in the present writ petition:- (1) Whether respondents have complied with the direction of Hon’ble High Court of HP issued in CWP No. 719 of 1995 titled Jeet Ram and others vs. State of HP and others? (2) Whether petitioner is entitled by way of writ of mandamus for appointment as DDT Beldar or upon any post of Class-IV employee as per direction dated 14.11.1995 issued by Hon’ble High Court of HP? Finding upon Point No. 1. 5. Hon’ble High Court of HP in CWP No. 719 of 1995 decided on 14.11.1995 titled Jeet Ram and another vs. State of H.P. and others issued following directions to respondents. (1) That Secretary (Health) to the government of Himachal Pradesh shall issue instructions to all concerned more particularly Chief Medical Officers of the Districts and Block Development Officers to maintain a seniority list of DDT Beldars. (1) That Secretary (Health) to the government of Himachal Pradesh shall issue instructions to all concerned more particularly Chief Medical Officers of the Districts and Block Development Officers to maintain a seniority list of DDT Beldars. (2) That said seniority list shall be duly published in the notice board of the Block Development Officer and also at the office of the Chief Medical Officer of the District and appropriate publicity shall also be given in the neighbouring places where such Beldars are working. (3) That whenever the season starts appointments shall be offered according to the seniority. Although the respondents have pleaded that they have complied the directions issued by Hon’ble High Court of HP in CWP No. 719 of 1995 but respondents did not place on record the register of seniority list of DDT Beldars prepared by Chief Medical Officer of the Districts and Block Development Officer. There is no positive, cogent and reliable evidence on record that seniority list was duly published in the notice board of the Block Development Officer and in the office of Chief Medical Officer of the District. The submission of learned Advocate appearing on behalf of the respondents that they have complied the direction of Hon’ble High Court of HP issued in CWP No. 719 of 1995 is defeated on the concept of ipse dixit (Assertion made without proof). Only list of selected DDT Beldars for the year 1994 issued by Chief Medical Officer Mandi District Mandi placed on record. Respondents did not place on record any list of seniority of DDT Beldar prepared after 14.11.1995 when civil writ petition was disposed of. Respondents did not assign any cogent reason for non-placing on record the seniority list published in the notice board of Block Development Officer and Chief Medical Officer. There is no evidence on record that after 14.11.1995 Chief Medical Officer of the District and Block Development Officer have maintained the seniority list of DDT Beldars. Finding on Point No. 2. 6. Submission of learned Advocate appearing on behalf of the petitioner that petitioner is entitled for appointment of DDT Beldar or upon any post of Class-IV employee as per direction dated 14.11.1995 issued by Hon’ble High Court of HP is rejected being devoid of any force for the reason hereinafter mentioned. Finding on Point No. 2. 6. Submission of learned Advocate appearing on behalf of the petitioner that petitioner is entitled for appointment of DDT Beldar or upon any post of Class-IV employee as per direction dated 14.11.1995 issued by Hon’ble High Court of HP is rejected being devoid of any force for the reason hereinafter mentioned. It is well settled law that respondents is a public institution and it is well settled law that appointment on the public institution is always conducted in the following manner. (1) By way of advertisement of vacancy as per Employment Exchanges (Compulsory Notification of Vacancies) Act 1959. (2) By way of appointment by recruitment committee. (3) As per Recruitment and Promotion Rules. Even the Hon’ble High Court in CWP No. 719 of 1995 did not mention that petitioners would be directly appointed in Class-IV post without following the Recruitment and Promotion Rules. Hon’ble High Court of HP has directed in CWP No. 719 of 1995 that DDT Beldar would be appointed against Class-IV post as per rules only. Hence it is held that appointment of petitioner shall be strictly made as per Recruitment and Promotion Rules. 7. In view of the above stated facts it is held (1) That Secretary (Health) to the Government of Himachal Pradesh shall issue instruction to the Chief Medical Officer of the Districts and Block Development Officer to maintain seniority list of DDT Beldars within fortnight. Compliance report by way of affidavit shall be filed in the Registry of Hon’ble High Court of HP by Chief Medical Officers and Block Development Officers within fortnight after receipt of certified copy of the order. (2) It is further held that seniority list of DDT Beldars maintained by Chief Medical Officer of the Districts and Block Development Officer shall be duly published in the notice board of the Block Development Officer and shall also be published in the notice board of the office of Chief Medical Officer of the District. It is further held that appropriate publicity shall also be given in the neighbouring places where the Beldars are working. Compliance report by way of affidavit will be filed within fortnight after receipt of copy of order. It is further held that appropriate publicity shall also be given in the neighbouring places where the Beldars are working. Compliance report by way of affidavit will be filed within fortnight after receipt of copy of order. (3) It is held that Chief Medical Officer and Block Development Officer shall appoint DDT Beldar in spray season w.e.f. April to September every year according to seniority list prepared by Chief Medical Officer and Block Development Officer. (4) The prayer of the petitioner that petitioner be appointed as DDT Beldar or upon any post of Class-IV employee on regular basis is declined in view of the fact that all appointments upon the public post is governed by Recruitment and Promotions Rules. (5) Other relief(s) claimed by petitioner declined and it is held that all other relief(s) merged in point No. 1 and 2 determined by the Court. Writ petition is accordingly disposed of with no order as to costs. All miscellaneous applications are also disposed of.