CWP No.9579 of 2002 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 9579 of 2002 Date of Decision: 4 - 12 - 2008 Amar Singh ....Petitioner v. State of Haryana and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.R.K.Malik, Sr.Advocate with Mr.Parveen Kumar Rohilla, Advocate for the petitioner. Mr.Jayender S. Chandail, Addl.A.G., Haryana for respondents No.1 and 2. Mr.Narender Hooda, Advocate and Mr.N.D.Kalra, Advocate for respondent No.3. *** KANWALJIT SINGH AHLUWALIA (ORAL) The present writ petition has been preferred by one Amar Singh who at present is stated to be working as Junior Engineer in Public Health Department of Haryana. The case of the petitioner is that he was appointed as Junior Engineer in Haryana State Minor Irrigation and Tubewell Corporation (hereinafter to be referred as, `the Corporation') on 18.3.1976. On 6.1.1998 vide Annexure P-1 a circular was issued by the Engineer-in- Chief, Haryana, P.W.D. Public Health Branch, Chandigarh for appointment CWP No.9579 of 2002 [2] of surplus staff of the Corporation on deputation with Public Health Department as Junior Engineer. The deputationists were not to be taken in the Department on the basis of their seniority alone. They were subjected to interview and had to appear before the Selection Panel on 6.1.1998 at 11.00 A.M. Case of the petitioner is that he appeared in interview and was found successful to be appointed in the Public Health Department, Government of Haryana by way of deputation vide Annexure P-2. On 7.7.1999, vide Annexure P-3, Engineer-in-Chief, Haryana, Public Health Branch issued a circular that those Junior Engineers who were on deputation, if are interested to be absorbed on regular basis subject to their consent can be absorbed permanently. Petitioner in pursuance of Annexure P-3 dated 7.7.1999 submitted his consent along with the requisite affidavit asked for by respondent No.2. Although no disciplinary proceedings were pending against the petitioner, however, it was found that Rs.1314.75 were due towards the petitioner to be deposited with the Corporation. It has been further averred in the writ petition that aforesaid amount was due towards Amar Singh son of Mangal Ram Saini and not towards the petitioner who is Amar Singh son of Lachhman Ram. Said Amar Singh son of Mangal Ram Saini had deposited Rs.1315/- on 4.3.2002. Because of this lapse on the part of the Corporation, petitioner could not be regularly absorbed in the Government Department. A letter to this effect was issued earlier. Meanwhile, on 17.5.2002 Corporation issued a communication that Haryana State Minor Irrigation and Tubewell Corporation Limited is being closed. At this stage, Mr.Narender Hooda has intervened to say that Board took a decision to close down the Corporation on 18.4.2002. In the present writ petition, a prayer has been made that a writ in the nature of mandamus be CWP No.9579 of 2002 [3] issued to the State of Haryana through Secretary, P.W.D., Public Health Department to absorb the petitioner as Junior Engineer from the date his juniors have been absorbed and a further direction be issued that till the regular absorption letter is issued the status quo regarding service be maintained. In the present case on 28.6.2002 when notice of motion was issued, it was ordered that status quo be maintained in the meanwhile. In pursuance of this, petitioner is continuing in the service. Mr.Narender Hooda appearing for the Corporation has vehemently stated that since there are other senior persons to the petitioner, therefore, Corporation cannot issue No Objection Certificate. He has admitted that though initially No Objection Certificate was not issued on the ground that Rs.1314.56 were outstanding against one Amar Singh and petitioner was not that Amar Singh. He state that the subsequent event that in April, 2002 the Corporation took the decision to close itself should be construed against the petitioner. I have given my thoughtful consideration to the submissions made by counsel for the parties. The petitioner was selected by way of interview to be appointed on deputation with the respondent-department i.e. P.W.D. Public Health Branch. Thereafter on the basis of his work and performance and his selection, Government had taken the decision to absorb him in the Government service subject to his obtaining No Objection Certificate. When an application for processing the No Objection Certificate was preferred by the petitioner, at that stage, no decision had been taken to close the Corporation and only meagre amount of Rs.1315/- was outstanding and that too was deposited by one Amar Singh son of Mangal Ram Saini against whom it was actually outstanding. Therefore, CWP No.9579 of 2002 [4] there was no justification that Corporation could not issue No Objection Certificate. In view of the peculiar facts and circumstances, direction is issued to the State of Haryana to absorb the petitioner as an regular employee in pursuance of letter Annexure P-7. The petitioner shall remain bound by the terms and conditions of letter Annexure P-7. Since the amount outstanding against the petitioner was already deposited by an co- employee of the petitioner against whom it was actually outstanding, therefore, this ground is not sustainable. However, since decision was taken to close the Corporation, therefore, No Objection Certificate will not be necessary. Petition stands disposed off. ( KANWALJIT SINGH AHLUWALIA ) December 4, 2008. JUDGE RC