SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(HP) 613

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN, SATYEN VAIDYA, JJ.
SURENDER SHARMA, SON OF SH. B. D. SHARMA - Appellant
Vs.
STATE OF HIMACHAL PRADESH THROUGH SECRETARY (TECHNICAL EDUCATION), SHIMLA - Respondent
CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO. 6358/2020
Decided On : 17-12-2021

Advocates Appeared:
For The Appellant :SH. JIYA LAL BHARDWAJ, ADVOCATE
For The Respondent:ASHOK SHARMA, A.G. WITH MR. RAJINDER DOGRA, SR. ADDL. A.G., MR. SHIV PAL MANHANS, ADDL. A.G. AND MR. BHUPINDER THAKUR, DY.A.G., SH. DINESH THAKUR, SH. VIJAY SINGH THAKUR, SH. VINOD THAKUR, ADVOCATE, MR. ANUPAM KUMAR, REGISTRAR

Headnote:

Constitution of India,1950 - Article 14 and 32 - Administrative Tribunals Act - Sections 21, 19, clause (a) of sub-section (2) of 20, clauses (a) and (b) ,21(1), 21(2) and 5(4) - Public notice - Regular service in the posts - Applications are invited from eligible employees of H.P. Govt. /State Public Sector undertakings/Autonomous Bodies/State Universities in H.P. holding the analogous posts on regular basis with at least minimum three years of regular service in posts for filling up following posts in given pay scale 'on secondment basis' as per terms and conditions of deputation/secondment Himachal Pradesh - Appointment will be initially for a period of two years, which can be extended upto three years - Eligible officials may send applications containing their bio-data through proper channel - While forwarding application it may be certified by sponsoring authority that the particulars furnished by official concerned are correct and that no vigilance or disciplinary case is pending or contemplated against officers concerned. Copies of ACRs for proceeding three years may also be sent under sealed cover duly marked "confidential – Held, Documents are being annexed without even indicating as to how petitioner came to possess them was noticed that an interesting answer was given as to its possession - It was stated that a packet was lying on road and when out of curiosity petitioner opened it, he found copies of the official documents such frivolous pleas are taken to explain possession, courts should do well not only to dismiss petitions but also to impose exemplary costs - It would be desirable for the courts to filter out the frivolous petitions and dismiss them with costs as aforestated so that the message goes in the right direction that petitions filed with oblique motive do not have approval of courts - nature of public interest litigation and secondly on ground of limitation. Since considerable time has otherwise elapsed – Court are not inclined to interfere with the appointment of respondent No.5 - Writ petition is dismissed.

ORDER :

The petitioner initially filed this petition before the erstwhile Tribunal and after closure thereof, the same has been transferred to this Court. The petitioner preferred an application for amendment of the petition, which was duly allowed and on the basis of the amended petition, the petitioner has now sought for following substantive reliefs:

    i. That appointment of respondentNo.5 on secondment basis de-hors the qualification prescribed in the Act rules and statute be quashed and set aside, with all consequential actions.

ii. That the absorption of respondent No.5 de-hors the qualification prescribed in the Act rules and statutes be quashed and set aside, with all consequential actions.

iii. That respondentNo.3 be directed to place on record the public notice issued for the appointment to the post of Assistant Registrar on secondment basis de-hors the qualification prescribed in the Act be placed on record and same may kindly be declared illegal.

iv. That respondent No.3 be directed to place on record the entire proceeding undertaken to absorbed respondentNo.5 de-hors the qualification prescribed in the Act and same may be quashed and set aside.

v. That respondent No.5 be directed to be repatriated to his parent employer respondentNo.4.

vi. That the recruitment year of the petitioner be declared as 2014 as recruitment process was delayed inordinately by respondents due to intervention of respondent No.5.

vii. That a writ in the nature of quo warranto may kindly be issued to quash the appointment of respondent No.5 as Assistant Registrar on secondment basis in respondent No.3-University as per office orders dated 21.01.2013 and 26.02.2013 (Annexures A-11 and A12) and thereafter his absorption on the post of Assistant Registrar as per office order dated 02.09.2015(Annexure A-14) issued by respondent No.3-University.

viii. That a writ in the nature of mandamus may kindly be issued directing respondent No.3-University to repatriate respondent No.5 to his parent department i.e. respondent No.4-Federation and justice be done.

ix. That a writ in the nature of mandamus may also be issued to make inquiry regarding illegal appointment of respondent No.5 on secondment basis as Assistant Registrar in the respondentNo.3-University since his testimonials have neither been dated nor the stamp/seal of the Managing Director of respondent No.4-Federation has been appended on the documents supplied to the applicant under RTI and further he was ineligible to be taken on secondment basis and suitable action may be taken against the erring officer for which the applicant shall ever pray for.

2. The respondent-University issued a notice for filling up three posts including the post of Assistant Registrar on secondment basis and the same reads as under:

    “Applications are invited from eligible employees of H.P. Govt. /State Public Sector undertakings/Autonomous Bodies/State Universities in H.P. holding the analogous posts on regular basis with at least minimum three years of regular service in the posts for filling up the following posts in the given pay scale 'on secondment basis' as per terms and conditions of deputation/secondment of Govt. of Himachal Pradesh. The appointment will be initially for a period of two years, which can be extended upto three years. Eligible officials may send applications containing their bio-data through proper channel. While forwarding the application it may be certified by the sponsoring authority that the particulars furnished by the official concerned are correct and that no vigilance or disciplinary case is pending or contemplated against the officers concerned. Copies of ACRs for the proceeding three years may also be sent under sealed cover duly marked "confidential". Application should reach in the office of the Registrar, Himachal Pradesh Technical University, Gandhi Chowk, Hamirpur-177001 (HP) within one mon

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon Back to top