CIVIL WRIT PETITION NO. 16090 OF 2007 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: May 08, 2008 Parties Name Pardeep Kumar Yadav ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE K. C. PURI PRESENT: Mr. Jai Vir Yadav, Advocate, for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana, Mr. Manoj Makkar, advocate, for respondents No. 4 to 14. JASBIR SINGH, J. (oral) Order. By filing this writ petition, the petitioner has prayed that directions be issued to the official respondents to consider and appoint him against the post of 'Motor Mechanic Instructor' from the date when respondents No. 4 to 14 were appointed. It is case of the petitioner that at the time of written examination and practical, he had secured the maximum marks and was at No. 1. However, subsequent thereto, by granting him less marks, he was not selected. It is further case of the petitioner that in marks awarded at the time of interview, manipulation was made and marks were shown to have been awarded in such a manner that candidates who were favourable to the authorities concerned, were selected whereas meritorious CIVIL WRIT PETITION NO. 16090 OF 2007 -2 candidates like him were ignored. On April 22, 2008, we passed the following order: “As per our orders, earlier passed, Shri Rathee has produced before us the original record. We have gone through the same. We are tentatively convinced that at the time of selection, manipulations have been made to select those candidates, who have secured less marks in the written examination and the practical test. It is also apparent from the record that initially marks were entered in the merit list with a pencil, then marks were erased and posting was made with a pen, which obviously means that adjustments were made and numbers were increased and decreased to select the favourable candidates. Shri Rathee is directed to retain original record in the A.G. Office. It is apparent from the records that service qua the private respondents is not complete. Adjourned to May 8, 2008. Service to the unserved respondents be effected Dasti also. Respondent No. 3 is directed to ensure service upon respondents No. 4 to 14 in this writ petition. Respondent No. 3 shall also send a written communication to respondents No. 4 to 14. Respondents No. 2 and 3 are also directed to come present in Court on the date fixed. Copy of the order be supplied to the State counsel under signatures of the Court Secretary.” In compliance to the order, referred to above, respondents No. 2 and 3 have come present. Shri Rathee has shown us letter offering CIVIL WRIT PETITION NO. 16090 OF 2007 -3 appointment to the petitioner against the post of 'Motor Mechanic Instructor'. On getting instructions from respondents No. 2 and 3, Shri Rathee further states that the petitioner shall be deemed to be in service from the date when respondents No. 4 to 14 were taken in service and that the petitioner shall also be entitled to get all consequential benefits including the salary for the period falling between the date of his joining and when private respondents had joined the service. Financial benefits shall be paid to him within a period of six weeks. Copy of the appointment letter has been given to the petitioner and his counsel states that the petitioner will join the service within a period of three days from today. Benefits shall be disbursed to the petitioner upon his furnishing an affidavit that during the intervening period, he has not worked with any other concern and if he was working and was getting less salary than the one to which he would have been entitled to get by joining as Motor Mechanic Instructor, in that case, difference in salary shall be paid to the petitioner. In view of facts, mentioned above, this writ petition stands disposed of. ( Jasbir Singh ) Judge ( K. C. Puri ) May 08, 2008. Judge DKC