CHAMPA BHATT Vs. U.T. OF CHANDIGARH

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of office order dtd. 22/6/2017 (Annexure P-22) whereby U.T. Administration has ordered to withdraw office order dtd. 22/7/2015 (Annexure P-12).

(2.) The petitioner joined Municipal Corporation, Chandigarh (for short 'MC Chandigarh') on 7/4/2000. She was placed in the grade of Junior Assistant w.e.f. 19/5/2008 vide office order dtd. 1/7/2009. She applied for SAS examination through proper channel. She qualified the exam as per result dtd. 29/4/2015. She vide application dtd. 4/5/2015 requested the respondent to adjust her as Sec. Officer (SAS) against vacant sanctioned post of Sec. Officer (for short 'S.O.') available in the MC Chandigarh. A communication with respect to appointment of petitioner as S.O. with MC Chandigarh ensued between MC Chandigarh and U.T. Administration. The U.T. Administration vide memo dtd. 13/7/2015 forwarded representations of the petitioner to the Director, Treasury and Accounts, Punjab with a request to render advice as to whether employees of Boards/Corporations/Societies who qualify SAS exam in Punjab are being appointed under Finance Department or in their parent department or any option is being obtained in this regard. The petitioner vide office order dtd. 22/7/2015 of Commissioner, MC Chandigarh came to be provisionally appointed as Sec. Officer (SAS) in MC Chandigarh subject to clarification from Punjab Government. Officer order dtd. 22/7/2015 reads as:-

(3.) The Administration continued to seek clarification from Punjab Government with respect to appointment of SAS passed candidates who belong to Boards/Corporations. The petitioner vide letter dtd. 6/1/2016 addressed to Special Secretary (Finance), Chandigarh Administration submitted that she is not willing to join Chandigarh Administration as Sec. Officer (SAS). The MC Chandigarh vide letter dtd. 24/8/2016 requested Administration to convey their concurrence for adjustment of the petitioner as Sec. Officer in the MC Chandigarh. The Administration vide impugned memo dtd. 22/6/2017 informed the MC Chandigarh that appointment of petitioner as Sec. Officer is not in order. The same was made without approval of the competent authority. It is not in accordance with existing Recruitment Rules for the post of Sec. Officer available with Finance Department, Chandigarh Administration. It was further mentioned that Municipal Corporation may create separate cadre of Sec. Officers and for the said purpose a separate proposal may be sent to the Administration. The petitioner is aggrieved from said letter.