Gurinder Singh v. State Of Punjab And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 4015 of 2016 Date of decision: 29.02.2016 Gurinder Singh ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Prateek Pandit, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner challenges the order dated 03.07.2015 (Annexure P-8) whereby, his claim for appointment as Supervisor/Work Mistri against quota for direct recruitment of children/grand children of freedom fighters in accordance with Government instructions dated 23.09.2005 has been rejected. The reasoning given by respondent no. 2 is that no direct recruitment is being made in the Irrigation Department as the staff of this category is in excess of the requirement of the Irrigation Department. The posts of Supervisor/Work Mistri have been declared as surplus by the Chief Engineer vide letter dated 03.03.2015. Accordingly, entitlement for appointment has been rejected. Counsel for the petitioner has vehemently submitted that on 23.06.

2015, one supervisor was transferred to the BBMB Administration against quota of Punjab Government and thus, there is a vacancy as such. The said argument is not liable to be accepted. Vide the impugned order, specific reasoning has been given that staff in the category is already in excess of the requirement and no direct recruitment is being made.

In such circumstances, the petitioner has only a right of consideration and no absolute right of appointment. Accordingly, the present writ petition is dismissed. 29.02.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.03.01 13:59 I attest to the accuracy and integrity of this document Chandigarh