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

1

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

2

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.

3

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.

4