RAM PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER seeks a writ in the nature of mandamus, directing the respondents to issue appointment letter to him for the post of Clerk, in the category of backward class, in view of the orders passed by this Court in CWP No. 20272 of 2004; decided on 3.2.2009; Amrik Singh and others v. State of Punjab and others (Annexure P -7).

(2.) NOTICE of motion was issued and pursuant thereto written statement was filed on behalf of the respondents. Writ petition was admitted for regular hearing. That is how, this Court is seized of the matter.

(3.) ON the other hand, learned State counsel submits that the selection in question was finalized pursuant to the advertisement dated 20.7.1997 (Annexure P -1). Selection list was prepared way back on 26.5.2001 (Annexure P -3). Petitioner did not challenge the selection, nor he raised any grievance before the respondent -authorities before filing the present writ petition solely on the basis of order dated 3.2.2009 passed by this Court. She also submitted that the order passed by this Court in CWP No. 20272 of 2004, to which the petitioner was not party, will not grant any cause of action in favour of the petitioner. Learned State counsel next contended that order dated 3.2.2009 passed by this Court in CWP No. 20272 of 2004 was meticulously complied with. However, the vacancies against which the candidates were earlier appointed by changing their categories, were abolished. It is so said in paras -13 and 14 of the written statement. She further clarified that some of the candidates whose services were terminated in compliance of the order dated 3.2.2009 passed by this Court in CWP No. 20272 of 2004, challenged their termination order before this Court and their termination was stayed. One of such writ petition is CWP No. 9469 of 2009. She also submits that after compliance of the order dated 3.2.2009, no person lower in merit than the petitioner was appointed. She prays for dismissal of the writ petition.