the appellants are not entitled for appointment, since their claim is highly belated. = to appoint the appellants to the post of Excise and Taxation Inspector, within a period of one month from today, without disturbing any appointments already made, while applying the principle of horizontal reservation. In order to avoid any future litigation, we make it clear that the appellants shall be entitled to seniority only from the date of joining the service.

 

NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 21848-21850/2017
(ARISING FROM SLP (C) NOS.1842-1844 OF 2017)
MANISH KATHURIA AND OTHERS ETC. ETC. APPELLANT(S)
VERSUS
STATE OF PUNJAB AND OTHERS ETC. ETC. RESPONDENT(S)
WITH
CIVIL APPEAL NO(S). 21851/2017
(ARISING FROM SLP (C) NO.11010 OF 2017)
J U D G M E N T
KURIAN, J.
Leave granted.
2. I.A. No.68830/2017 is allowed, in terms of the
prayer made.
3. The appellants are before this Court, aggrieved
by the judgment dated 30.09.2016 passed by the High
Court of Punjab and Haryana at Chandigarh in LPA
Nos.1395, 1398, 1400 and 1396 of 2015. The High
Court took the stand that the appellants are not
entitled for appointment, since their claim is highly
belated.
4. However, the fact remains that the appellants had
been before this Court seeking impleadment when the
special leave petitions were pending before this
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Court. It was this Court which relegated them to
pursue their remedy before the High Court. True,
some of the appellants had already filed special
leave petition(s).
5. Be that as it may, when this matter came up for
hearing before this Court on 07.12.2017, we directed
the counsel for the State of Punjab to get
instruction as to the availability of the vacancies
and as to whether the appellants are otherwise
qualified, going by the Report of the Committee
appointed by the High Court. This order was passed on
the basis of the information that there were unfilled
vacancies available as against notified vacancies in
the post of Excise and Taxation Inspector.
6. Learned counsel for the State of Punjab has made
available a written instruction to the effect that
there are 12 vacancies as against the 1999
Notification (SC-05, BC-03, ESM-3 and Gen-03).
However, it is also not disputed that as of now,
there are 76 vacancies available in various
categories as can be seen from the affidavit filed by
the State.
7. Having heard the learned counsel on both the
sides and having regard to the fact that the
vacancies are available as of now to accommodate the
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appellants and also having regard to the fact that
the appellants have been found otherwise qualified by
the Committee appointed by the High Court, we are of
the view that this is a fit case for invocation of
our jurisdiction under Article 142 of the
Constitution of India for doing complete justice.
8. Accordingly, these appeals are disposed of with a
direction to the respondents to appoint the
appellants to the post of Excise and Taxation
Inspector, within a period of one month from today,
without disturbing any appointments already made,
while applying the principle of horizontal
reservation. In order to avoid any future
litigation, we make it clear that the appellants
shall be entitled to seniority only from the date of
joining the service.
9. We make it clear that though the appellants have
filed their affidavits regarding qualification in
computer application, it will be open to the
appointing authority to verify that qualification at
the time of appointment.
10. We also make it clear that this judgment is
rendered in the peculiar facts of this case and it
should not be quoted as a precedent.
11. The appeals are, accordingly, disposed of.
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12. Pending applications, if any, shall stand
disposed of.
13. There shall be no orders as to costs.
…………………..J.
[KURIAN JOSEPH]
…………………..J.
[AMITAVA ROY]
NEW DELHI;
DECEMBER 13, 2017.
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