The companytention put forth before the High Court and reiterated before us is that the Government of companyposite Punjab had issued instructions prescribing the procedure to be adopted by the Commission that apart from those selected against the vacancies all numberified additional vacancies which arise within six months from the recommendation of the names companyld be filled up from amongst the names recommended by the Commission.
By an order made on October 30, 1995, this Court disposed of the matter but gave liberty to the appellants to file a proper writ petition before the High Court for getting appointments on the basis of earlier selection bearing in mind the circulars issued on March 22, 1957 and March 26, 1972.
The cadre strength of the Haryana Civil Service Executive Branch was stated to be 240 and at present its total strength was only 129 and there was a shortfall of 111.
This order was passed by this Court on October 13, 1995 and the appellants filed a writ petition on January 29, 1996.
The Commission held the written examination for the 1991 and interviewed the candidates who had passed the written examination in May, 1992 and a final result was published on June 19, 1992.
The result of the selection of candidates pursuant to advertisement issued in 1989 was declared on June 19, 1992 and advertisement No.
In terms of circulars issued by the Government on March 22, 1957 and May 26, 1972 when such vacancies arise within six months from the receipt of the recommendation of the Public Service Commission they have to be filled up out of the waiting list maintained by the Commission.
2 and 3 were allowed as companypetitioners in the special leave petition before this Court, we do number think that the High Court was justified in deciding against the appellants on the ground of laches.
There were 23 vacant posts to be filled up by direct recruitment and it was dear that 12 posts for direct recruitment were vacant when the advertisement was made for examination which was held in 1991.
I requested the Commission for companycurrence to fill up 30 vacancies of Haryana Civil Service Executive Branch for the year 1992 under proviso to Rule 5 of the Punjab Civil Services Executive Branch Rules.
8 in the general category and that ne companyld number be selected for the post because there were only seven vacancies.
7 was issued in 1992 within a period of six months and so there was necessity of further selection and the said 9 vacancies in general category in advertisement No.
7 for recruitment to 9 posts of Haryana Civil Service Executive Branch in general category.
The case put forward by the appellants is that, as per Annexure P 8, the Public Service Commission issued in 1992 an advertisement No.
The fact that there were further vacancies available and when 9 vacancies were advertised to be filled up within a period of six months after announcement of the previous selection cannot be disputed at all.
Thus 12 posts for direct recruitment were vacant when the advertisement for recruitment was made which was held in 1991.
I received a letter from the Commission that he was number selected as he had number companye in the merit and he came to know that he had secured rank at serial No.
2 and 3 were offered appointments as Excise and Taxation Officer and Tehildar respectively.
Thereafter, the first appellant filed a writ petition being Civil Writ Petition No.
Similar instructions were also issued by the Government of Haryana on May 26, 1972.
6057 of 1994 which was summarily dismissed by a Division Bench of the High Court on May 12, 1994.
7 has to be accommodated by candidates who are already in the waiting list panel of 1989 recruitment.
They joined duty also.
Subsequently, the three appellants presented a writ petition.
I gave preference only for such service.
I was, in fact, holding the post of Excise and Taxation Officer.
All the appellants gave their preference to the Haryana Civil Service Executive Branch , while appellant No.
Appellant No.
Respondent No.
Appellant No.
The appellants submitted their applications.
2 and 3 got themselves impleaded.
The appellants did number rank sufficiently high, but appellants Nos.
Particularly when appellants Nos.
The matter was carried to this Court when appellants Nos.
