IMPORTANT POINT
A candidate wrongfully denied appointment is entitled to seniority from the date of eligibility, despite not receiving monetary benefits for the intervening period.

JUDGMENT :

Sandeep Sharma, J.
By way of present petition, petitioner has prayed for following main reliefs:

“I. The impugned order dated 22/10/2021 Annexure P-5, may kindly be held illegal, unconstitutional, arbitrary and against the principle of natural justice and same may kindly be quashed and set aside.

II. That in the peculiar facts and circumstances of the case, the respondent may very kindly be directed to grant regularization to the petitioner with effect from the date of other three incumbents were regularized.

III. That such direction may kindly be issued to the Registrar to release the all consequential benefits and pay fixation, seniority to the petitioner in accordance with law.”

2. Precisely, the facts of the case as emerge from the record are that process was initiated by respondent-Commission to fill up four posts of Junior Officer (Personnel & Administration) vide advertisement dated 16.5.2016. Posts of Junior Officer (Personnel & Administration) at S.O. Level were in the pay scale of Rs. 10900- 34800+GP Rs. 4350 (PB-3) with basic pay of Rs. 15,250/-per month. Petitioner herein being fully eligible applied for the said post. Vide communication dated 31.3.2018, Under Secretary Himachal Pradesh Staff Selection Commission, Hamirpur, District Hamirpur, Himachal Pradesh, asked the petitioner to submit degree of MBA in (PM/HR) on or before 10.4.2018, failing which it will be presumed that he does not possess requisite qualification and his candidature for the post in question shall stand rejected.

3. After receipt of aforesaid communication, petitioner forwarded copy of Diploma to the Commission through email. After receipt of aforesaid diploma, nothing was heard by the petitioner from Commission, as such, he was expecting that being fully eligible, he would be declared selected. Result of process in question was declared by the respondent-Commission, but therein, name of the petitioner was not included amongst the selected candidates. Subsequently, petitioner came to know that his candidature stood rejected on the ground that information sought from him vide communication dated 31.3.2018, was not made available to the Commission by him within the stipulated time. In the afore background, petitioner approached this Court by way of CWPOA No. 61 of 2019, titled Chaman Lal v. The Secretary, Himachal Pradesh Staff Selection Commission Hamirpur and Anr., which ultimately came to be allowed vide Judgment dated 15.3.2021 (Annexure P-1). Coordinate Bench of this Court having found merit in the afore writ petition passed following directions:

“10. Therefore, in these circumstances, rejection of candidature of the petitioner by respondent-Commission cannot be sustained in law and the same is accordingly quashed and set aside. Respondent-Commission is directed to consider the candidature of the petitioner for the post of Junior Officer (Personnel & Administration) against lying vacant post belong to O.B.C. Category. For the assistance of the Commission, the petitioner shall supply a hardcopy of the details of his educational qualifications within 15 days from today. Thereafter, the candidature of the petitioner shall be considered by the respondent-Commission in accordance with law and in accordance with the Recruitment and Promotion Rules and appropriate decision upon the same shall be taken by it on or before 30.04.2021. The petition stands disposed of in above terms, so also pending miscellaneous applications, if any. No order as to costs.”

4. Though in terms of aforesaid order passed by the coordinate Bench of this Court, Respondent-Commission after having considered candidature of the petitioner against vacant post belonging to OBC category, offered him appointment, but not from due date.

5. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Loveneesh Thakur, learned counsel for the petitioner is that though in terms of judgment dated 15.3.2021, candidature of the petitione