Similarly situated ex-servicemen from same nomination lists entitled to parity in retrospective regular appointment as per requisition and government timelines, quashing discriminatory prospective regularization.

JUDGMENT :
Ranjan Sharma, Judge

Petitioners [Surjit Singh Thakur & Kishore Chand] having retired from the post(s) of Assistant Librarians from the Education Department of the State have come up before this Court, seeking the following reliefs:-

“(i). That the order dated 12.07.2017 passed by the respondents as Annexure A-8 may kindly be quashed and set aside.

(ii). That the respondents may kindly be directed to appoint the applicants as Assistant Librarian (School Cadre) on regular basis will all consequential benefits and seniority in terms of the judgment dated 24.07.2010, Annexure A-7].

(iii).That the respondents may very kindly be directed to grant same and similar relief/benefits to the applicants as has been extended to the petitioners in O.A. No. 2303/2003 and CWP (T) No. 14614/2008.”

FACTUAL MATRIX:

2. Case as set-up by the Learned Senior Counsel for the petitioners is that the petitioners herein, namely [Surjit Singh Thakur and Kishore Chand] are Ex-servicemen and they possessed the Diploma in Library and Information Science from Kurukshetra University, as in Annexure A-1 and Annexure A-2. It is averred that after discharge from Indian Army, the petitioners got themselves enrolled with Ex-servicemen Cell-Respondent No.3, for being considered for appointment on the posts of Assistant Librarians against unreserved and even against reserved posts, meant for ex-servicemen, in the Respondent-Department.

2(i). It is averred that the Respondent No 2-Director of Higher Education-Respondent No.4 sent a requisition to Employment Exchanges in Himachal Pradesh on 31.08.2002 [Annexure A-3] with a copy to Ex-servicemen Cell Hamirpur, for sponsoring names of suitable eligible candidates pertaining to General/SC/OBC/ST categories for appointment as an Assistant Librarians on regular basis in the pay scale of Rs.4020-6200. Pursuant to requisition dated 31.08.2002 [Annexure A-3/ Annexure R-V], Respondent No 3-Ex-servicemen Employment Cell, HP at Hamirpur sent a Nomination List on 18/21-11-2002 [Annexure A- 4/R-VIII], nominating 38 Ex-servicemen for being appointed as Assistant Librarians against reserved post for Ex-servicemen with the request to the Respondent No.4-Director of Higher Education to issue the appointment letters to the nominated candidates within 15 days from date of receipt of nomination letter and allow them 15 days time to join respective appointments. It is further submitted that out of 38 candidates, the petitioner No.1 [Surjit Singh Thakur] and the petitioner No.2 [Kishore Chand] figured at serial Nos. 06 and 34, along with one Shri Vikram Chand Katoch and others in aforesaid list, for being appointed as an Assistant Librarians against the reserved post meant for Ex-servicemen.

2(ii). Despite the nomination of the petitioners and others on 18/21-11-2002 for the posts of Assistant Librarians meant for Ex-servicemen], the respondents issued a Revised List of Nominated Ex-servicemen on 31.12.2002 [Annexure A-5/ R-X], whereby, the Original Nomination List dated 18/21.11.2002 [Annexure A-4/ R-VIII] nominating 38 incumbents was superseded and squeezed down by recommending-nominating the names of 24 Ex-servicemen for appointment as Assistant Librarians against Ex-servicemen quota posts. Perusal of the Revised Nomination List dated 31.12.2002 [Annexure A-5/R-X] indicates that the petitioner No.1 [Surjit Singh Thakur] still figured at serial No.6 and the petitioner No.2 [Kishore Chand] appeared at serial No.19 of the Revised Nomination List. In addition, one Shri Vikram Chand Katoch and others figured at serial No. 11 of Revised Nomination List.

2(iii). It is submitted that despite the nomination of the names of petitioners for post of Assistant Librarians in the Origina