WPSS/348/2015 of Sanjay Singh Baluri Vs State Of Uttarakhand AND ANOTHER

Court: Uttarakhand High Court
Decision date: 2016-11-28
Bench: C ALOK SINGH, K M JOSEPH
Case number: 348 of 2015

Parties

Sanjay Singh Baluri (PETITIONER)
State of Uttarakhand & another (RESPONDENT)

Cites (1)

SUKHDEV SINGH & ORS. versus BHAGATRAM SARDAR SINGH RAGHUVANSHI AND ANR. (1975)

Statutes cited (3)

constitution of india, article-12 (1950)
constitution of india (1950)
constitution of india (1950)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 348 of 2015

Sanjay Singh Baluri Petitioner

State of Uttarakhand & another

… Respondents

Mr. Pankaj Negi, learned counsel for the petitioner. Mr. B.S. Negi, Deputy Advocate General for the State of Uttarakhand.

Hon’ble Sudhanshu Dhulia, J. (Oral)

1. The petitioner was contender for the post of Junior Engineer (Civil) in Public Works Department on contract basis. The candidature of the petitioner was not considered, as he had not submitted proof of his employment registration along with application form. Consequently, earlier he had filed writ petition before this Court being WPSS No. 760 of 2014, which was allowed by this Court vide judgment and order dated 25.08.2014. The relevant portion of the same reads as under:-

“A mandamus is issued to the respondents/respondent nos. 1 & 2 to forthwith consider the case of the petitioner on the post of Junior Engineer (Civil) in Public Works Department and give him appointment on the same terms and conditions as it is being given to the other candidates, subject to three conditions (a) the petitioner submits all his credentials to the satisfaction of respondents within fifteen days from the date of issuance of certified copy of this order, and (b) subject to the fact that the selected candidates have not joined the posts and (c) posts are still available and petitioner fulfils all other eligibility criterion.”

2. In pursuance of the Court’s order, the petitioner has made representation before the authority concerned, which was rejected by the Chief Engineer, Public Works Department, Dehradun on the ground that the selection was only valid for one year and one year period has been exhausted and

moreover, presently there is no vacancy available on which the petitioner would be accommodated.

3. There is clear direction of this Court that the candidature of the petitioner shall be considered subject to the availability of the post of Junior Engineer (Civil) and since there is no post available with the department, therefore, the claim of the petitioner cannot be considered by the authority concerned. Under the aforesaid circumstance, this Court finds no ground to interfere in the present matter.

4. Accordingly, the writ petition fails and is hereby dismissed.

(Sudhanshu Dhulia, J.) 22.08.2016 Aswal