LAWS(P&H)-2013-4-83

SHEHNAZ PARVEEN Vs. STATE OF PUNJAB

Decided On April 30, 2013
Shehnaz Parveen Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PETITIONER has approached this Court with a grievance that she has not been issued the appointment letter despite possessing the requisite qualification as mentioned in the advertisement dated 21.8.2010. Prayer has also been made for quashing of the order dated 5.9.2011 (Annexure-P-11), whereby the claim of the petitioner for appointment to the post of Junior Auditor has been rejected on the ground that her experience from 23.11.2004 to 11.12.2005 being that of a Management Trainee and that being not in the accounts field cannot be taken into consideration as the requisite experience of three years apart from the earlier two years' experience certificate, which the petitioner had submitted.

(2.) COUNSEL contends that the respondents have not taken into consideration the appointment letter issued to the petitioner dated 23.11.2004 (Annexure-P-12), which clearly indicates that although the nomenclature of the post is Management Trainee, but it is a regular appointment. In support of this contention, he places reliance upon Clause-7 of the appointment letter, which says that the services of the appointee will end automatically at the age of 58 years. Reference has also been made to the order dated 25.11.2004 (Annexure-P-13), vide which the petitioner has been assigned the work and responsibility, which deals with accounting and auditing. Reference has also been made to the office order dated 16.9.2005 (Annexure-P-14) whereby the petitioner has been assigned the responsibility of dealing with the financial burdens of the company with regard to the taxation etc. He on this basis contends that the stand of the respondents in rejecting the claim of the petitioner for appointment on the basis that she being a Management Trainee was not possessing the requisite experience, cannot sustain.

(3.) A direction is thus, issued to the respondents to consider the claim of the petitioner for appointment to the post of Junior Auditor in the light of Annexure-P-12 to Annexure-P-14 and pass a speaking order within a period of one month from the date of receipt of certified copy of this order. The decision, so taken, be conveyed to the petitioner forthwith.