CWP NO.3624 OF 1986 :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 22.10.2008 Shri Harjinder Singh ...Petitioner VERSUS State of Punjab and another …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Vipin Mahajan, Advocate for the petitioner Mr.S.S.Sahu, AAG, Punjab Permod Kohli, J. (Oral) The petitioner was appointed as Assistant Divisional Manager (Stores) in the office of Divisional Manager, Punjab Roadways, Jullundur in the pay scale of Rs.825-1580, purely on temporary basis for a period of six months or till the candidates recommended by the Punjab Public Service Commission joins, whichever is earlier, vide order dated 16.4.1984 (Annexure P-1). The petitioner continued for a period of about two years and thereafter his services were dispensed with w.e.f. 6.7.1986. The CWP NO.3624 OF 1986 :2: present petition came to be filed by the petitioner on 11.7.1987, seeking setting aside of his termination. It is stated that the name of the petitioner was sponsored by the Employment Exchange and was selected on the basis of interview. The petitioner was also eligible having Mechanical Engineering degree to his credit which was the prescribed qualification for recruitment to the post of Assistant Divisional Manager. It is admitted in the writ petition that his appointment was against direct recruit quota and admittedly, no advertisement was issued inviting applications from all eligible candidates. The claim of the petitioner is, however, resisted by the respondents, primarily on the ground that the petitioner's appointment was on purely temporary basis for a period of six months or till the candidate recommended by the Punjab Public Service Commission joins, whichever is earlier which fact is also not disputed by the petitioner. Even though the termination of the petitioner was stayed on 15.7.1986 by this Court, but fact remains that the petitioner was terminated prior to the passing of the aforesaid order. According to petitioner's own admission, his appointment was against direct recruit quota and admittedly, no advertisement was issued inviting applications from all eligible candidates. Thus, the appointment of the petitioner is not in consonance with Articles 14 and 16 of the Constitution of India. The issue is squarely covered by a judgment of the Hon'ble Supreme Court in the case of J & K Public Service Commission etc., v. Dr. Narinder Mohan and others etc. AIR 1994 SC 1808 wherein CWP NO.3624 OF 1986 :3: following observations have been made:- “7....... The rule prescribes direct recruitment/promotion by selection as the mode of recruitment which would be done only by PSC or promotion committee duly constituted and by no other body. Therefore, ad hoc employee should be replaced as expeditiously as possible by direct recruits. A little leeway to make ad hoc appointment due to emergent exigencies does not clothe the executive government with power to relax the recruitment or to regularise such appointment nor to claim such appointments to be regular or in accordance with rules. Back door ad hoc appointments at the behest of power source or otherwise and recruitment according to rules are mutually antagonistic and strange bed partners. They cannot co-exist in the same sheath. The former is in negation of fair play. The latter are the products of order and regularity. Every eligible person not necessarily be fit to be appointed to a post or office under the State, selection according to rules by a propertly constituted commission and fitment for appointment assures fairness in selection and inhibits arbitrariness in appointments. In view of the Explanation-b to Rule 4, the ad hoc CWP NO.3624 OF 1986 :4: appointments to any post in any of the three wings of the services under the rules are therefore de hors the rules. Appointments of the respondents 1 to 6 cannot be held to be in accordance with the rules.” In any case, this petition is pending since 1986 and at this belated stage, no relief can be granted to the petitioner. Dismissed. (PERMOD KOHLI) JUDGE 20.5.2008 MFK CWP NO.3624 OF 1986 :5: