SATYAPAL SINGH versus THE HARYANA STATE SUBORDINATE SELECTION BOARD AND ORS.

Citation: [1994] 3 S.C.R. 412 · Decided: 07-04-1994 · Supreme Court of India · Bench: K. RAMASWAMY, N. VENKATACHALA · Disposal: Disposed off

Judgment (excerpt)

A 
B 
SATYAPAL SINGH 
v. 
THE HARYANA STATE SUBORDINATE 
SELECTION BOARD AND ORS. 
APRIL 7, 1994 
(K. RAMASWAMY AND N. VENKATACHALA, JJ.] 
Service law : Civil Services-Haryana State Subordinate Services-
Regularisation-Disabled-Ex-serviceman persons-Held, there is no auto-
C matic right of regularisation for such persons appointed in ad hoc 
capacity-Adoption of merit criterion held justified and fair-Instrnctions of 
Government of Haryana dated 6th March 1972 and 21st May 1979--fi.esolu-
tion of Haryana State Subordinate Services Selection Board dated 1st Sep-
tember, 1991. 
D 
The Appellant, an ex-serviceman, was disabled to the extent or 40%. 
He was appointed as 'Technical Tracer' on an ad hoc basis and his name 
was recommended by the Chairman, Rajya Sainik Board, Haryana for 
absorption as a regular candidate. The Subordinate Services Selection 
Board, however, did not recommend bis name for regular appointment. 
E 
He filed a Writ Petition in the Punjab and Haryana High Court which was 
dismissed. He thereafter appealled to this Court by Special Leave. 
The main contention or the Appellant was that under the instruc-
tions dated 6 March, 1972 issued by the Government or Haryana, once a 
name bad been sponsored by the Sainik Board, an ad hoc appointment 
F was made by the employer and when the name had been recommended to 
the Subordinate Services Selection Board for regularisation, be was en-
titled to regularisation as a matter or course and right, so long as a 
vacancy existed and a person with disability between 20% and 50% was 
available. The Respondent Board, however, contended that a merit 
G criterion had been adopted for the purpose or regularisation and since the 
Appellant did not secure the minimum marks prescribed ror the viva voce 
be could not be recommended. 
Disposing or the appeal with directions, this Court 
H 
HELD : 1. The procedure adopted by the Board is well justified and 
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SATYAPAL v. SOBORDINATESELECTIONBOARD 
413 
fair. The procedure adopted for awarding minimnm marks is also a just A 
and fair procedure for selecting the candidates and recommending them 
for regularisation. Since the appellant did not secure the minimum of the 
marks prescribed for the viva voce obviously the Board could not select 
him and recommend him for regular absorption. The contention that the 
regularisation should be antomatic and as of right since there is no other B 
candidate available from handicapped quota is untenable. [ 415·A, F, GI 
2. Since the Court had, by an order dated January 3, 1994 stated that 
if there was any vacancy on which he had beeu working as represented by 
the appellant, it will be open to the Respondents to allow him to continue 
in the post (and he has in fact been continuing as such), till the regular C 
selection for absorption is made, it is open to the Respondents to continue 
him till a regular candidate is available. At the time of regular recruitment 
to the post, the Respondents wculd sponsor bis name also along with other 
candidates for being considered afresh. (415-G:H; 416-A·B) 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3917 of D 
1994. 
From the Judgment and Order dated 5.8.93 of the Punjab & Haryana 
High Court in C.W.P. No.15310 of 1993. 
D.S. Bali, S. Srinivasan and Rajesh K Sharma for the Appellants. 
E 
Pardeep Gupta and K.K. Mohan for the Respondents. 
Ms. Indu Malhotra and Dania Pradhan for State. 
The following Order of the Court was delivered : 
F 
Leave granted. 
This appeal by special leave arises from the order of the Division 
Bench of the High Court of Punjab & Haryana in C.W.P. No. 15310/93 G 
dated August 3, 1993 dismissing the writ petition in limine .. The appellant 
is an ex-serviceman, served in the Army and was disabled to the extent of 
40%. He was a "Technical Tracer". He was appointed on an ad hoc basis 
on November 8, 1991. His name was recommended by Chairman, Rajya 
Sainik Board, Haryana for absorption as a regular candidate. The Subor· 
dinate Service Se.lection Board for short the Board while considering his H 
414 
SUPREME COURT REPORTS 
(1994] 3 S.C.R. 
A 
case along with the children of the deceased disabled person selected 
... 
respondent Nos. 4 & 5 and the case of the appellant was not recommended. 
Calling in question of his non-selection, the appellant filed the writ petition, 
as said it came to be dismissed. The case of the appellant is based on the 
instructions issued by the Govt. of Haryana dated M

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