State of Haryana vs Roshan Lal Malik, J.E. and Another

J.S. Khehar, J.—Through the instant Letters Patent Appeal, the State government has impugned the decision rendered by a Single Judge of this Court in Civil Writ Petition No. 9581 of 2002.

The controversy raised in the instant appeal pertains to the absorption of respondent No. 1 - Roshan Lal Malik, in the employment of the appellant - State government. The factual background relating to the claim raised by the appellant is, that respondent No. 1 - Roshan Lal Malik was originally employed by the Haryana State Minor Irrigation Tubewell Corporation Ltd.. He was then taken on deputation by the State government. While respondent No. 1 - Roshan Lal Malik was discharging his duties with the appellant on deputation, a circular was issued inviting applications from the employees working on deputation from the Haryana State Minor Irrigation Tubewell Corporation Ltd., with the State government, who desired to be absorbed in service. Respondent No. 1 - Roshan Lal Malik opted for absorption in the employment of the State government. After following a process of selection, the State government approved his absorption into its service, subject to the condition, that Haryana State Minor Irrigation Tubewell Corporation Ltd. issues a ''No Objection Certificate'' in his favour.

Eventually the claim of respondent No. 1 - Roshan Lal Malik for absorption did not fructify on account of the fact, that the Haryana State Minor Irrigation Tubewell Corporation Ltd. did not issue the ''No Objection Certificate'' to him. The solitary issue which has been raised at the hands of the learned Counsel for the appellant in the instant appeal is, whether the learned Single Judge was justified in directing the absorption of respondent No. 1 - Roshan Lal Malik into the employment of the State government without his having obtained the aforestated ''No Objection Certificate''. It is not a matter of dispute, that the solitary reason why the ''No Objection Certificate'' was not issued, was that respondent No. 1 - Roshan Lal Malik had to deposit a sum of Rs. 1155/- with the Haryana State Minor Irrigation Tubewell Corporation Ltd.. As soon as respondent No. 1 - Roshan Lal Malik became aware of the aforestated fact, without disputing the veracity of the aforesaid claim made by the Haryana State Minor Irrigation Tubewell Corporation Ltd., he (respondent No. 1 - Roshan Lal Malik) made the aforesaid deposit with the Haryana State Minor Irrigation Tubewell Corporation Ltd., on 26.3.2002. Thereafter, nothing whatsoever survived with the respondents, including the Haryana State Minor Irrigation Tubewell Corporation Ltd. from declining to issue the ''No Objection Certificate'' claimed by the appellant - State government. In the meantime, the Haryana State Minor Irrigation Tubewell Corporation Ltd. was wound up in April, 2002. Thus viewed, no such certificate was ever issued to respondent No. 1 - Roshan Lal Malik and accordingly, he was never absorbed in the employment of the State government.

The learned Single Judge taking into consideration the facts and circumstances of this case, referred to in the foregoing paragraph, arrived at the conclusion that there was no justification in not issuing the ''No Objection Certificate'' to respondent No. 1 - Roshan Lal Malik, since respondent No. 1 - Roshan Lal Malik had deposited the sum of Rs. 1155/-, which was the only condition for not issuing the ''No Objection Certificate''. It was concluded, that with the aforesaid deposit, it was imperative for the Haryana State Minor Irrigation Tubewell Corporation Ltd. to have issued the aforesaid ''No Objection Certificate''. Since the Haryana State Minor Irrigation Tubewell Corporation Ltd. was eventually wound up in April, 2002, no such certificate can now be issued physically. Thus viewed, we are satisfied, that the learned Single Judge was fully justified in arriving at the conclusion, that respondent No. 1 - Roshan Lal Malik was entitled to the issuance of the ''No Objection Certificate'' when he deposited the required amount of Rs. 1155/- on 26.3.2002. We find no infirmity in the aforesaid conclusion. Respondent No. 1 - Roshan Lal Malik will be deemed to have been issued the ''No Objection Certificate'', since the Haryana State Minor Irrigation Tubewell Corporation Ltd. was wound up as far back as in April, 2002.

In view of the above, we find no merit in the instant appeal and the same is, accordingly, dismissed.

Since we have dismissed the main appeal on merits, we find no justification to pass a separate order in the application for condonation of delay, filed by the appellant.