LAWS(P&H)-2015-4-144

KANAWARDEEP SINGH Vs. STATE OF PUNJAB AND ORS.

Decided On April 29, 2015
Kanawardeep Singh Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) THROUGH the present petition, the petitioner prays for the issuance of a direction to the respondents to issue appointment letter to the petitioner on the post of Manager (Accounts) in the Punjab Agro Industries Corporation Ltd. (hereinafter referred to as - the respondent Corporation) and then allow him to join the duties as Manager (Accounts), with all consequential benefits.

(2.) SHORN of unnecessary details, the facts, in brevity, as borne out from the record as also from the arguments addressed at the bar, are that through advertisement dated 12.01.2011, the respondent Corporation invited applications for filling up 12 posts of Manager (Accounts). As per the procedure for selection, as prescribed in the advertisement, the selection was to be made on the basis of marks secured by the eligible candidates in a written test. The petitioner applied for the consideration of his candidature in Backward Class category, for one of the 12 posts of Manager (Accounts). Having been found eligible, he was permitted to sit in the written examination, which was held on 20.02.2011. On the declaration of the results of the examination, the petitioner found himself at merit no. 16. According to the petitioner, 12 persons over the above the petitioner in merit, did not join, but in spite of this fact, the petitioner was not offered appointment. It is in view of the above facts that the petitioner has approached this Court through the present petition for the above said reliefs.

(3.) THE cadre of the posts of Manager (Accounts) in the respondent Corporation consists of 20 posts, 10 of which were created through a resolution dated 22.12.2010. 08 out of 10 posts, which were in existence prior to the resolution dated 22.12.2010, were being manned by promotees. The newly created 10 posts, through resolution dated 22.12.2010 along with 02 vacant posts, which were in existence prior to the above said resolution, were advertised through advertisement dated 12.01.2011, to be filled up by way of direct recruitment. It is this advertisement, qua which the petitioner had applied for consideration of his candidature. While the selection, in pursuance to the advertisement dated 12.01.2011, was on, persons working as Executives (Accounts) in the respondent Corporation, which forms the feeder cadre for promotion to the posts of Manager (Accounts), filed a petition in this Court being C. W.P. No. 2744 of 2011 - Jagtar Singh and others vs. Punjab Agro Industries Corporation Limited. This writ petition was allowed by this Court vide order dated 04.03.2011, the relevant portion of which is as under : -