High CourtsSingle Bench(2020) 08 SHI CK 0165

Pyar Chand Thakur vs State Of HP And Others

High Court Of Himachal Pradesh · Decided on 17 August 2020

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Dismissed
CASE NUMBER
CWPOA No. 3395 Of 2019

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Judgment

12 paragraphs · 253 words

Sandeep Sharma, J

1.

By way of present petition filed under Art. 226 of the Constitution of India, petitioner has prayed for following main relief:

“(a) to issue a writ of mandamus, appropriate writ, order or direction in the nature thereof, directing the respondents Board to allow the petitioner to

appear in typing test and select and appoint the petitioner from the date all other incumbents were selected and appointed in the said selection process

with all consequential benefits, and arrears alongwith interest thereon @ 18% pa;â€​

2.

Precisely, the case of the petitioner in the case at hand is that the respondent Board has wrongly not allowed him to appear in the typing test.

3.

A careful perusal of the reply filed by the respondents especially respondent No.4 reveals that the petitioner had not rendered 5 years regular

service or regular combined with daily wage service or on contract basis as per amendments made in the Recruitment and Promotion Rules of the

Clerks, issued by Personnel Department, vide Notification No. Per(AP-C)-A(3)-2/80 dated 28th May, 2010 (Annexure R-1). Services of the petitioner

were regularized on 24.9.2012 i.e. after the date of submission of the application. Since the petitioner was not eligible for the post in question at the

time of submission of application, his application rightly came to be rejected as such, no fault, if any, can be found with the action of the respondents.

4.

In view of above, the petition at hand fails and is accordingly dismissed alongwith all pending applications.