1999 (3) TMI 643 - SC - Indian Laws

Summary

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.