CIVIL WRIT PETITION NO.762 OF 2010 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: JULY 25 ,2011 Gaje Singh Muwal and others .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. S. K. Tripathi, Advocate for Mr. S. R. Hooda, Advocate, for the petitioners. Mr. Sunil Nehra, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioners have challenged the appointment of the private respondents made in Haryana Raj Bhawan, Chandigarh. These appointments of the private respondents are made by requisitioning names from Head Quarter, Western Command, Chandimandir. All the private respondents are Ex-servicemen and are recruited on various different posts. It is averred that His Excellency the Governor, Haryana has given approval for the appointment on contractual basis for one CIVIL WRIT PETITION NO.762 OF 2010 :{ 2 }: month, which are likely to be made permanent on the basis of their performance and suitability. The appointments are made to posts like Telephone Attendant, House Bearer, Khallasi, Peon, Cook and Waiter. As per the petitioners, the necessary qualifications and eligibility for such appointment have been ignored while making these appointments. It is stated that A.D.C to Governor had approached Re- settlement Cell of Head-Quarter Western Command on 10.7.2008, intimating the dates of interview for these posts. The petitioners have averred that the names could have been got from District Sainik Board and the mode as adopted was illegal. The petitioners accordingly would make a grievance about the appointments of private respondents, Shiv Charan Singh as Telephone Attendant and Sandeep Kumar, who is also appointed as Telephone Attendant, though the original post was that of Clerk. Head Quarter Western Command had sent the names of number of Ex-servicemen for the posts of Peon, House bearer, Safaiwala, Dhobi, Cook, Waiter. On the basis of the recommendations made by Selection Committee, the appointments were made. The recommendations of the Selection Committee were duly approved by His Excellency the Governor, which the petitioners have challenged on number of frivolous and inappropriate grounds. In response to notice, written statement has been filed by Secretary to Governor. It is submitted that Raj Bhawan is a premier Institution of the State headed by His Highness the Governor, which is a highest Constitutional Office in the State. It being an official CIVIL WRIT PETITION NO.762 OF 2010 :{ 3 }: residence of His Highness the Governor, there is a need of sufficient number of Class IV staff to serve His Highness. The Raj Bhawan, like any other Raj Bhawan receives numerous V.V.I.Ps and other dignitaries, including the foreign dignitaries. All such guests stay in the Raj Bhawan, being the guests of His Highness the Governor. They are looked after by the staff, which includes Class IV staff. Being a prestigious place, all such employees are required to maintain hygienic conditions in the kitchen and are also expected to work with a high level of discipline and etiquettes in serving such V.V.I.P guests. It is due to these reasons that the posts of Khallasi, Sweeper, Dhobi etc. have been taken out of the purview of Haryana Group D Employees Selection Committee in consultation with the General Administration, Department of Government. Similarly, Class III posts of English Cook, Telephone Attendant etc. have also been taken out of the purview of Haryana Staff Selection Commission in consultation with the State Government. The Secretary to the Governor is the competent authority to make appointments with the approval of His Highness, the Governor. It is pointed out that despite all this, Government instructions in regard to reservation etc. are strictly and honestly followed as far as possible and the Selection Committee has all respect for these instructions. It is stated that the then Governor, His Highness Dr.A.R.Kidwai, had observed that services of retired Army persons be used in Haryana Raj Bhawan since they were polished and well disciplined persons as compared to their civilian counterparts. Accordingly, the post of English Cook meant for general category CIVIL WRIT PETITION NO.762 OF 2010 :{ 4 }: was changed to that of E.S.M category and services of Shiv Charan as Telephone Attendant were utilized as per the orders passed by His Highness, the Governor. All these circumstances have been explained in detail in the reply. Even a pseudonymous complaint received in the Raj Bhawan was placed before His Highness, the Governor, wherein His Highness had observed that the recruitments were made after obtaining his approvals in the best interest of the organisation and for better functioning of Raj Bhawan. The complaint was directed to be filed. The justification given in making the impugned appointments is fully appropriate and relevant. A high Constitutional functionary like the Governor should certainly have an option of choosing his personal staff, which also ought to be of his choice in view of various V.V.I.Ps dignitaries who are required to be attended to in the Raj Bhawan. A decision was accordingly made to employ retired Army persons for a good justifiable and valid reason. The petitioners have unnecessarily made an attempt to drag the name of high Constitutional Functionary in this mean litigation There is no justification or cause to interfere in the plea raised by the petitioners and the challenge apparently has been made with some ulterior motive and design to just drag in the name of such high Constitutional functionary. In such like cases, the Court should and must not invoke its discretionary jurisdiction to interfere. The writ petition is accordingly dismissed. July 25, 2011 (RANJIT SINGH ) khurmi JUDGE