SAHIB SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the judgment dated 10.11.2009 passed by Learned Single Judge whereby he has dismissed the Civil Writ Petition.

(2.) The petitioner is claiming issuance of writ of mandamus directing the respondents to appoint him as a Patwari in the Revenue Department under the handicapped quota. A prayer has also been made for setting aside the memo dated 11.6.2008 (Annexure P-8) by which his representation for appointment against handicapped quota has been rejected.

(3.) The petitioner has paralysis on the right lower limb on account of polio. His disability has been assessed at 50%. The petitioner registered himself with the Employment Exchange, Amritsar on 14.2.2003. In Civil Writ Petition No. 14167 of 1997, this Court has issued a direction to fill up 3% posts from the handicapped quota. In compliance of the above direction, an advertisement has been issued filling up vacant posts of Patwari from disabled/handicapped quota. The advertisement was published on 9.8.2000. The undisputed fact is that the petitioner did not apply for the post whereas 12 persons have been selected against the advertised posts. The factual position is that the petitioner had registered his name in the Employment Exchange in February, 2003 i.e. much after the advertisement of the posts. Learned counsel for the State has further apprised the Court that no appointment has been made after the appointment in response to the advertisement issued in the year 2000.