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W.P.(C) 10364/2015 Page 1
HIGH COURT OF DELHI
Date of Decision: November 04, 2015
HIGH COURT OF DELHI
Date of Decision: November 04, 2015
W.P.(C) 10364/2015 & CM APPLNs. 25940-41/2015
RAVI SAXENA AND ORS. ..... Petitioners
Through: Mr. Sunil Kumar Bharti and Ms. Kumkum Bharti, Advocates
RAVI SAXENA AND ORS. ..... Petitioners
Through: Mr. Sunil Kumar Bharti and Ms. Kumkum Bharti, Advocates
VERSUS
THE SECRETARY GENERAL, LOK SABHA SECRETARIAT AND ANR ..... Respondents
Through: Mr. Pramod Gupta, Ms. Deepika Singh and Ms. Sristi Pandey, Advocates for respondent-Lok Sabha
Through: Mr. Pramod Gupta, Ms. Deepika Singh and Ms. Sristi Pandey, Advocates for respondent-Lok Sabha
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
JUDGMENT
(ORAL)
For appointment on the post of ‘Sanitary Assistant, Grade-III’ (now
‘House Keeper, Grade-III’), a waitlist was drawn in the year 2008.
Petitioners vide Representations (Annexures P-15 to P-18) made between
July, 2015 to September, 2015, had sought appointment to the post of House
Keeper, Grade-III by submitting that it has been learnt through replies got under the Right to Information Act, 2005 that the life of a waitlist panel is not restricted and a decision was taken way back in the year 2012 by the
Competent Authority to appoint all the thirty one waitlisted candidates without restricting to a particular time frame.
Learned counsel for petitioners submits that it has been reliably learnt that from the year 2008 to till now, the vacancies have increased to thirty and respondents are trying to fill up these vacancies from casual employees instead of appointing the waitlisted candidates. Representations of petitioner
2015:DHC:9176
For appointment on the post of ‘Sanitary Assistant, Grade-III’ (now
‘House Keeper, Grade-III’), a waitlist was drawn in the year 2008.
Petitioners vide Representations (Annexures P-15 to P-18) made between
July, 2015 to September, 2015, had sought appointment to the post of House
Keeper, Grade-III by submitting that it has been learnt through replies got under the Right to Information Act, 2005 that the life of a waitlist panel is not restricted and a decision was taken way back in the year 2012 by the
Competent Authority to appoint all the thirty one waitlisted candidates without restricting to a particular time frame.
Learned counsel for petitioners submits that it has been reliably learnt that from the year 2008 to till now, the vacancies have increased to thirty and respondents are trying to fill up these vacancies from casual employees instead of appointing the waitlisted candidates. Representations of petitioner
2015:DHC:9176
W.P.(C) 10364/2015 Page 2 have been disposed of by respondent vide order of 17th September, 2015 (Annexure P-19) intimating that the matter is sub judice in the Court in
W.P.(C) 1680/2011 Harish Kumar Vs. UOI & Ors. and so, no action is required to be taken.
Learned counsel for petitioners has placed on record copy of the order of 1st February, 2013 in W.P.(C) 1680/2011 Harish Kumar Vs. UOI & Ors., which indicates that in the above-said case, the panel of waitlist candidates had expired. Reliance is placed upon Apex Court’s decision in State of
Karnataka and Ors. v. C. Lalitha 2006 SCC (L&S) 447 to submit that parity in employment is to be maintained and since more than 50% of the waitlist candidates have been already appointed, therefore, petitioners ought to be also appointed to the post of Helper, Grade-III.
To controvert that the waitlist panel had expired, learned counsel for petitioners draws the attention of this Court to RTI information (Annexure
P-14 colly.) wherein it is noted that first 23 candidates out of waitlisted 31 candidates have been appointed from September, 2008 to July, 2009 and the appointment of candidates depends upon occurrence of vacancies and no time-frame can be given regarding appointment of remaining candidates.
Thus, it is submitted that respondents be directed to exhaust the waitlist panel as, in the meanwhile, 10 additional vacancies have arisen.
Learned counsel for respondents points out that as per the RTI information (Annexure P-14 colly.), the proposal to appoint all 31 waitlisted candidates, without restricting to a particular time frame, has not been approved by the Secretary General of Lok Sabha way back in January, 2012 and the waitlist panel was drawn in respect of 20 vacancies and since the waitlist panel has been exhausted, therefore, petitioners have no claim to be
W.P.(C) 1680/2011 Harish Kumar Vs. UOI & Ors. and so, no action is required to be taken.
Learned counsel for petitioners has placed on record copy of the order of 1st February, 2013 in W.P.(C) 1680/2011 Harish Kumar Vs. UOI & Ors., which indicates that in the above-said case, the panel of waitlist candidates had expired. Reliance is placed upon Apex Court’s decision in State of
Karnataka and Ors. v. C. Lalitha 2006 SCC (L&S) 447 to submit that parity in employment is to be maintained and since more than 50% of the waitlist candidates have been already appointed, therefore, petitioners ought to be also appointed to the post of Helper, Grade-III.
To controvert that the waitlist panel had expired, learned counsel for petitioners draws the attention of this Court to RTI information (Annexure
P-14 colly.) wherein it is noted that first 23 candidates out of waitlisted 31 candidates have been appointed from September, 2008 to July, 2009 and the appointment of candidates depends upon occurrence of vacancies and no time-frame can be given regarding appointment of remaining candidates.
Thus, it is submitted that respondents be directed to exhaust the waitlist panel as, in the meanwhile, 10 additional vacancies have arisen.
Learned counsel for respondents points out that as per the RTI information (Annexure P-14 colly.), the proposal to appoint all 31 waitlisted candidates, without restricting to a particular time frame, has not been approved by the Secretary General of Lok Sabha way back in January, 2012 and the waitlist panel was drawn in respect of 20 vacancies and since the waitlist panel has been exhausted, therefore, petitioners have no claim to be
W.P.(C) 10364/2015 Page 3 considered for appointment on the posts, which are subsequently fallen vacant.
Upon hearing and on perusal of the material on record and the decisions cited, I find that petitioners cannot claim parity with the persons, who have been already appointed from the year 2008 to till now, because the waitlist panel was not approved by the Secretary General in the year 2012 itself. The settled legal position, which emerges from Apex Court’s decisions in Mukul Saikia and Others v. State of Asam and Others (2009) 1
SCC 386 and Raj Rishi Mehra and Ors. V. State of Punjab and Another
Upon hearing and on perusal of the material on record and the decisions cited, I find that petitioners cannot claim parity with the persons, who have been already appointed from the year 2008 to till now, because the waitlist panel was not approved by the Secretary General in the year 2012 itself. The settled legal position, which emerges from Apex Court’s decisions in Mukul Saikia and Others v. State of Asam and Others (2009) 1
SCC 386 and Raj Rishi Mehra and Ors. V. State of Punjab and Another
(2013) 12 SCC 243, is that the waitlist panel is in relation to the vacancies notified in the advertisement. The waitlist panel in question was in respect of advertisement of the year 2008 regarding 20 vacancies only. Since the waitlist panel has to be confined to the notified vacancies, therefore, petitioners have no claim for being appointed on the vacancies which have arisen later on. Fresh vacancies have to be advertised and after following selection procedure, fresh waitlist has to be drawn depending upon number of fresh vacancies to be notified. In the considered opinion of this Court, petitioners cannot claim appointment to the post of House Keepers ‘C’ on the basis of the waitlist drawn in the year 2008. Finding no substance in the stand taken by petitioners, this petition and the applications are dismissed.
JUDGE NOVEMBER 04, 2015 s