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        Case ID :

        1999 (3) TMI 643 - SC - Indian Laws

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        Supreme Court directs appointment in Haryana Civil Service recruitment case The Supreme Court allowed the appeal in a case concerning the recruitment process for Haryana Civil Service (Executive Branch). The Court directed the ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Supreme Court directs appointment in Haryana Civil Service recruitment case

                              The Supreme Court allowed the appeal in a case concerning the recruitment process for Haryana Civil Service (Executive Branch). The Court directed the respondents to consider the appellants for appointment, emphasizing adherence to government policies and instructions for recruitment. The appellants were to be fitted below previously selected candidates, receiving appropriate pay scales and benefits, with no monetary compensation for the period out of employment. The government was instructed to take necessary actions within three months, and no costs were awarded to the appellants.




                              Issues involved:
                              Recruitment process for Haryana Civil Service (Executive Branch), interpretation of administrative instructions, delay in seeking relief.

                              Recruitment Process:
                              The Haryana Public Service Commission advertised for recruitment to the Haryana Civil Service (Executive Branch) with specific posts in general and reserved categories. Written examination and interviews were conducted, resulting in a final selection list published in June 1992. Appellants did not rank high enough initially, but two appellants were offered different positions. A writ petition was filed challenging the selection process.

                              Interpretation of Administrative Instructions:
                              The appellants argued that government instructions allowed for filling additional vacancies within six months from the initial recommendation by the Commission. They contended that vacancies arising within this period should be filled from the waiting list of candidates. The High Court initially dismissed the petition citing unexplained delays and lack of obligation for appointing excess candidates. However, the Supreme Court disagreed, emphasizing the need to follow government policies and instructions for recruitment.

                              Delay in Seeking Relief:
                              The High Court's decision based on the delay in filing the writ petition was overturned by the Supreme Court. The appellants were allowed to file a proper petition based on earlier selections and relevant circulars. The Supreme Court directed the respondents to consider the appellants for appointment to the Haryana Civil Service (Executive Branch) posts, fitting them below previously selected candidates. The appellants were to receive appropriate pay scales and benefits, with no monetary compensation for the period out of employment. The government was instructed to take necessary actions within three months.

                              In conclusion, the Supreme Court allowed the appeal, directing the respondents to consider the appellants for appointment, following government policies and instructions for recruitment without awarding any costs.
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                              ActsIncome Tax
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