ANITA(Not Applicable) vs STATE OF HP AND OTHERS(Not Applicable)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 29th DAY OF JUNE, 2022 BEFORE HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE CIVIL WRIT PETITION No. 2006 of 2019 alongwith CWPs No.
2059, 2156, 2965 of 2019, CWPOAs No. 7644, 7652, 7654 of
2019 and CWPOA No. 7010 of 2020 Between:-
1. CWP No. 2006 of 2019:
DINESH KUMAR SON OF SH. NAND KUMAR, VILLAGE ARNYANA, PO KOTLI, TEHSIL SADAR, DISTRICT MANDI, H.P. 175 003. PRESENTLY WORKING AS CLERK IN THE OFFICE OF DEPUTY DIRECTOR ELEMENTARY EDUCATION MANDI, H.P.
……PETITIONER (BY MR. YOGESH KUMAR CHANDER, ADVOCATE.)
AND
1. STATE OF HP THROUGH ITS PRINCIPAL SECRETARY (FINANCE) TO THE GOVERNMENT OF HP, SHIMLA-2, HP.
2. HP PUBLIC SERVICE COMMISSION,NIGAM VIHAR, SHIMLA 2, HP, THROUGH ITS SECRETARY.
……RESPONDENTS
2. CWP No. 2059 of 2019:
MS. ANITA D/O SHRI RATTAN SINGH, RESIDENT OF VILLAGE REHRI-GUSAN, P.O. THOR NIWAS, TEHSIL RAJGARH, DISTT. SIRMOUR H.P., PRESENTLY WORKING AS CLERK IN THE SUB TREASURY, NOHRADHAR, TEHSIL RAJGARH, DISTT.
SIRMOUR, HIMACHAL PRADESH.
……PETITIONER (BY MR. ONKAR JAIRATH, ADVOCATE.)
AND
1. STATE OF HIMACHAL PRADESH THROUGH ITS ADDITIONAL CHIEF SECRETARY (FINANCE) TO THE GOVT. OF HP, SHIMLA, H.P.
2. THE DIRECTOR-CUM- SPECIAL SECRETARY, DEPTT. OF TREASURY, ACCOUNTS &
LOTTERIES, SHIMLA- 171 002.
3. THE HIMACHAL PRADESH PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY, NIGAM VIHAR, SHIMLA – 171
002.
……RESPONDENTS
3. CWP No. 2156 OF 2019:
H.P. PUBLIC SERVICE COMMISSION, NIGAM VIHAR, SHIMLA 2, THROUGH ITS SECRETARY.
……PETITIONER (BY MR. VIKRANT THAKUR, ADVOCATE.)
AND
1. KULDEEP KUMAR SON OF SH. HEM SINGH, R/O VILLAGE AND P.O. BALHARA, TEHSIL BALDWARA, DISTRICT MANDI, H.P., PRESENTLY WORKING AS CLERK AT GOVERNMENT SENIOR SECONDARY SCHOOL, BAGDHAR, CHAMBA.
2. ANIL KUMAMR S/O SH. DUNI CHAND, R/O VILLAGE KANDA, P.O. BANIKHET, TEHSIL DALHOUSIE, DISTRICT CHMBA, H.P. PRESENTLY WORKING AS CLERK AT GOVERNMENT SENIOR SECONDARY SCHOOL, BAGDHAR, CHAMBA.
……RESPONDENTS
3. STATE OF H.P. THROUGH PRINCIPAL SECRETARY (FINANCE) TO THE GOVERNMENT OF HIMACHAL PRADESH.
…..PROFORMA RESPONDENT
4. CWP No. 2965 OF 2019:
STATE OF HIMACHAL PRADESH THROUGH PRNCIPAL SECRETARY (FINANCE) TO THE GOVERNMENT OF HIMACHAL PRADESH AT SHIMLA.
……PETITIONER (BY MR. ASHOK SHARMA, AG, WITH M/S VINOD THAKUR &
SHIV PAL MANHANS, ADDL. AGS AND MR. BHUPINDER THAKUR & MR. YUDHBIR SINGH THAKUR, DY. AGS.)
AND
1. SHRI KULDEEP KUMAR SON OF SHRI HEM SINGH R/O VPO BALHARA, TEHSIL BALDWARA, DISTRICT MANDI, H.P. PRESENTYWORKING AS CLERK AT GOVERNMENT SENIOR SECONDARYSCHOOL BALDWARA, DISTRICT MANDI, H.P.
2. SHRI. ANIL KUMAR SON OF SHRI DUNI CHAND R/O VILLAGE KANDA, POST OFFICE BANIKHET, TEHSIL DALHOUSIE, DISTRICT CHAMBA, H.P. PRESENTLY WORKING AS CLERK AT GOVERNMENT SENIOR SECONDARY SCHOOL BAGDHAR, TEHSIL DALHOUSCIE, DISTRICT CHAMBA, H.P.
STATE OF HIMACHAL PRADESH THROUGH ITS ADDITIONAL CHIEF SECRETARY (FINANCE) TO THE GOVT. OF HP, SHIMLA, H.P.
……RESPONDENTS HIMACHAL PRADESH PUBLIC SERVICE COMMISSION, NIGAM VIHAR, SHIMLA, THROUGH ITS SECRETARY. ...PROFORMA RESPONDENT
5. CWPOA No. 7644 OF 2019:
SHRI CHETAM KUMAR SON OF SHRI TEJ RAM, RESIDENT OF VILLAGE MAJHAS, POST OFFICE AND TEHSIL KARSOG, DISTRICT MANDI, H.P.
……PETITIONER (BY MR. INDER SHARMA, ADVOCATE.)
AND
1. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (FINANCE) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA – 171 002.
2. HIMACHAL PRADESH PUBLIC SERVICE COMMISSION, NIGAM VIHAR, SHIMLA-2, THROUGH ITS SECRETARY.
……RESPONDENTS
6. CWPOA No. 7652 OF 2019:
MS. NISHA KUMARI W/O RAJINDER THAKUR, R/O THAKUR NIWAS VIKAS NAGAR, POST OFFICE KASUMPTI, SHIMLA, H.P.
……PETITIONER (BY MS. KIRAN VERMA, ADVOCATE, VICE MR. RAJINDER THAKUR, ADVOCATE.)
AND
1. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (FINANCE) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA – 171 002.
2. HIMACHAL PRADESH PUBLIC SERVICE COMMISSION, NIGAM VIHAR, SHIMLA-2, THROUGH ITS SECRETARY.
……RESPONDENTS
7. CWPOA No. 7654 OF 2019:
SHRI KULDEEP KUMAR S/O SH. HEM SINGH, R/O VPO BALHARA, TEHSIL BALDWARA, DISTRICT MANDI, H.P., PRESENTLY WORKING AS CLERK AT GOVERNMENT SENIOR SECONDARY SCHOOL BALDWARA, TEHSIL BALDWARA, DISTRICT, MANDI, H.P.
……PETITIONER (BY MR. DEVENDER K. SHARMA, ADVOCATE.)
AND
1. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY.
2. HIMACHAL PRADESH PUBLIC SERVICE COMMISSION, NIGAM VIHAR, SHIMLA-2, THROUGH ITS SECRETARY.
……RESPONDENTS
8. CWPOA No. 7010 OF 2019:
SHRI RAKESH KUMAR, S/O SH. DURGA DASS, C/O SAVITA KUMARI, H. NO. 5, TYPE-3, H.F.R.I. COLONY, PANTHAGHAT, SHIMLA, H.P.
……PETITIONER (BY MS. KIRAN VERMA, ADVOCATE, VICE MR. RAJINDER THAKUR, ADVOCATE.)
AND
1. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (FINANCE) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA – 171 002.
2. HIMACHAL PRADESH PUBLIC SERVICE COMMISSION, NIGAM VIHAR, SHIMLA-2, THROUGH ITS SECRETARY.
……RESPONDENTS RESPONDENT/STATE BY SH. ASHOK SHARMA, AG, WITH M/S. VINOD THAKUR & SHIV PAL MANHANS, ADDL. AGS AND MR. BHUPINDER THAKUR & YUDHBIR SINGH THAKUR, DY.
AGS, IN ALL THE PETITIONS.
RESPONDENT/HPPSC BY MR. VIKRANT THAKUR, ADVOCATE, IN ALL THE PETITIONS.
MR. DALEEP SINGH KAITH, ADVOCATE, FOR THE APPLICANT / PROPOSED RESPONDENTS, IN CMPS NO. 5081 AND 5083 OF 2020, IN CWP NO. 2006 OF 2019.
Reserved on: 16.06.2022
1 WHETHER APPROVED FOR REPORTING? Yes.
These petitions coming on for orders this day, Hon’ble Mr. Justice Chander Bhusan Barowalia, passed the following:

Advocates:
['Onkar Jairath', '', 'Shubham Sood', 'Vikrant Thakur', '', 'AG']

O R D E R

The instant petitions mainly involve a common question;

whether contractual services followed by regularization can be clubbed together and counted in juxtaposition for a competitive examination for higher post, for which minimum three years’ regular service is required, alongwith other educational qualifications?

2. As all these petitions raise and involve common questions, therefore, the petitions are taken up together for consideration and disposal.

3(a). The facts giving rise to the instant petitions can tersely be narrated thus:

On 26.12.2018 Himachal Pradesh Public Service Commission (HPPSC), through Advertisement No. 18/2018, invited applications from desirous and eligible employees (Candidates) of the H.P. Govt. Department/Boards/Corporations/Autonomous Bodies/Universities/Co-operative Bank of the State of Himachal

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

Pradesh having Bachelor’s degree from a recognized University with 03 (three) years regular service, for initial selection of 30 candidates for undergoing pre-induction training at HIPA through Preliminary Entrance Examination followed by Main Entrance Examination for induction in Himachal Pradesh Finance & Accounts Service which shall be available on the Commission’s website up to

15.01.2019 till 11:59 p.m.

3(b). As per the petitioners (except petitioners in CWPs No. 2156 and 2965 of 2019), the above advertisement sprouted from Rules, viz., Himachal Pradesh Finance and Accounts Services Rules, 2018, whereby it is provided as under:

“1(G) Bachelor’s Degree from a recognized University with three years regular service in the department/ board/corporation/ autonomous body/ university/Co-operative Bank of the State of Himachal Pradesh”.

3(c). The aforesaid petitioners, being employees, having requisite educational qualification(s) applied for the above post of SAS and qualified preliminary examination. Thereafter, HPPSC issued a list of candidates proposed to be rejected, wherein names of the of the petitioners, as aforesaid, figured, as their service on contract basis was not taken into consideration and their regular service was less than three years, so they fell short of required three years’ regular service. Feeling disgruntled, the aforesaid petitioners, knocked the doors of erstwhile Administrative Tribunal and they obtained an order from the learned Tribunal, whereby the petitioners, who were proposed to be rejected, were provisionally permitted to participate in the selection process, subject to the final outcome of the original petitions. One of the interim orders, passed by the learned Tribunal on 24.05.2019, in Original Application No. 2100 of 2019, is extracted hereunder for the sake of ready reference:

“However, in the meanwhile, there shall be a direction in the interim to respondent No. 2- Commission, through its Secreary, to permit the applicant to appear in the H.P. Finance & Accounts Service (Mains Examinations) provisionally, subject to her qualifying the Computer Based Test (Preliminary) held on 07.03.2019, and the final outcome of the original application.”

3(d). In the above backdrop, the petitioners sought the following substantive reliefs, which are as under:

“(i) That writ in the nature of certiorari be issued to quash and set aside the eligibility condition of 3 years regular service in the department as contained at Serial No. 1(g) of HPF & AS Rules, notified vide notification dated 19.04.2018 and three years regular service eligibility condition contained in the advertisement No. 18/2018 dated 26.12.2018 based on the requisition of the department may also be quashed and set aside.

(ii) That writ in the nature of mandamus be issued to direct the respondents to treat the contract service at par with regular service for taking the minimum eligibility of 3 years service in the department for eligibility to induction to HP Finance and Account Service and same may also be inserted in the rules.

(iii) That the proposed

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