TMI Blog1989 (4) TMI 338X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. The Commission prescribed, inter alia, that one of the essential qualifications shall be five/three years' experience as an executive officer in a commercial organisation of Government or Semi-Government office before or after acquiring the academic degree and the Special Secretary to Haryana Government in the Food and Supplies Department, on 20th of February, 1981, wrote to the Secretary of the Commission affirming that position and added that : - Certain Inspectors/Sub-Inspectors of this Department seem to have sent their applications (advance copies) to the Commission for these posts. The work of Inspectors/Sub-Inspectors is of executive nature though they are not officers. As such, in case the Commission feels that they ful ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eded in Government letter of 21st of February, 1981. It has, therefore, to be found out whether Inspectors and Sub-Inspectors could he treated as officers. 4. The selected candidates were not made parties to the writ petition. A civil, miscellaneous petition has been filed to add them as party-respondents to the appeal and that application had been placed for hearing along with the appeal. 5. Mr. P.P. Rao appearing in support of the appeal has contended that the post of Inspectors and Sub-Inspectors belonged to the category of executive office and the High Court, therefore, came to a wrong conclusion. In earlier years certain similarly situated Inspectors and Sub-Inspectors of the Department had been appointed on the basis that they s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is temporary or transient or for a time fixed only by agreement; whether it is created by an appointment or election, or merely by a contract of employment by which the rights of the parties are regulated: whether the compensation is by a salary or fees fixed by law, or by a sum agreed upon by the contract of hiring. A person invested with the authority of an office has been treated as an officer. 7. In Words and Phrases (Permanent Edition - Volume 29 A) an 'Officer' has been stated to mean: a person who is invested with some portion of the functions of government to be exercised for the public benefit. If the powers and duties reposed in the incumbent of a position are such that he exercises the function of the sovere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Code. On principle, these decisions support the conclusion which we have reached. 10. Counsel appearing for the respondents did not attempt to contend that if the appellant had the requisite qualification when selection was being made and he had been kept out on the wrong premises that he did not have the qualification, he would be entitled to challenge the selection. The selected candidates were, however, not impleaded as respondents in the writ petition and attempt to implead them at this stage is bound to prejudice them. They have now been in service for more than eight years and respondent No. 4 has even been holding a promotional post for some time. We do not think in such a situation there would be any justification to allow ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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