The appointment cannot be made beyond the advertised vacancies, and settled seniority cannot be disturbed after a long period.

Permod Kohli, J.

1. Heard the learned counsel for the parties at length.

2. Haryana Public Service Commission through its advertisement issued in October, 1980, invited applications for Haryana Civil Services (Executive Branch) and other Allied Services Examination 1980-81. The details of the vacancies advertised are as under:-

Category No. General S.C. B.C. Military Personnel i) Haryana Civil Services (Ex. Br.) 7 2 2 NIL

ii) Excise and Taxation Officer 9 3 2 1

iii) Assistant Registrar Cooperative Societies 9 2 1 NIL

iv) "A" Class Tehsildar (Apprentices) 2 1 NIL 1

v) Assistant Employment Officer 12 4 2 1

3. The examination for the above posts was held in June, 1981. Before the completion of selection process, the Chief Secretary, Haryana, vide his letter dated 8/9.11.1982 informed the Haryana Public Service Commission that number of vacancies to be filed for Haryana Civil Services (Executive Branch) will be 25, i.e. General Category-16; SC- 5; BC-3 and Ex-Servicemen-1. Interviews for the advertised and additional posts were held between 04.11.1982 to April, 1983. Final selection list was forwarded by the Haryana Public Service Commission to the Government vide letter dated 31.05.1983, category-wise and post-wise. The petitioner was selected for the post of Excise and Taxation Officer. His name figured at Serial No.25 of the combined list of Haryana Civil Services (Executive Branch) and at Serial No.9 of the Excise and Taxation Officers list in General Category. It is stated that at the relevant time, 28 vacancies of Haryana Civil Services (Executive Branch) were available. It appears that before the final selection list could be forwarded, Government vide its letter dated 05/18-01-1983 informed the Haryana Public Service Commission that the Government desires to fill up eight vacancies of Haryana Civil Services (Executive Branch). Out of these 8 vacancies, one post was for SC and two posts for BC. Examinations were held in the month of February, 1984 for nine vacancies of Haryana Civil Services (Executive Branch). Category-wise position of posts was as under:-

General Category 6 SC 1 BC 1 Military Personnel 1

4. The petitioner joined as Excise and Taxation Officer on 23.02.1984. It appears that the petitioner again applied in response to the Special Recruitment and was selected/appointed to Haryana Civil Services (Executive Branch) on 15.05.1994 for which notification was issued on 09.03.1992. The petitioner joined Haryana Civil Services (Executive Branch) on 16.05.1994.

5. In the meantime, various writ petitions came to be filed in respect to the selection made in the year 1992. Honble the Supreme Court in the case of Virender Singh Hooda and others v. State of Haryana and another, (1999)3 S.C.C. 696, issued directions for appointment of the candidates from the waiting list in view of the government circular dated 22.03.1957 and 26.05.1977. It was directed to adjust them below those who were selected along with them at the time of recruitment made pursuant to the result declared on 19.06.1992.

6. The petitioner made a representation dated 09.08.1999 (Annexure P-5) seeking his pay protection in Haryana Civil Services (Executive Branch) on the basis of his length of service rendered as Excise and Taxation Officer. The petitioner made another representation dated 21.02.2005 (Annexure P-8) seeking benefit of the judgment in Virender Singh Hoodas case for his retrospective appointment in Haryana Civil Services (Executive Branch) from the selection made in the year 1983-1984.

7. It is useful to notice that in the year 2002 after judgments in Virender Singh Hooda and Sandeep Singhs cases of the Supreme Court, the State of Haryana passed an Act known as Haryana Civil Services (Executive Branch) and Allied Services and other [Services, Common/Combined Examination Act, 2002, whereunder the appointment to the post/service beyond the advertised posts was prohibited. The petitioner made another representation dated 31.01.2005 (Ann