High Court of Punjab and HaryanaCWP/25442/2024disposed of

Karanpal Singh v. State Of Punjab And Others

2024-12-10Mr. Justice Namit Kumar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 10.12.2024 Karanpal Singh ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Prateek Pandit, Advocate for the petitioner.

Ms. Saguna Arora, AAG, Punjab for respondent No.1.

Ms. Aditi Sharma, Advocate for respondents No.2 to 4.

NAMIT KUMAR J. (Oral) Prayer in this writ petition filed by the petitioner under Article 226 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for setting-aside the speaking order dated 28.06.2024 (Annexure P-17), whereby the claim of the petitioner for being appointed against the vacant post of Assistant Engineer/On Training (Electrical) advertised by the respondent authorities vide advertisement No.CRA-10/2021 dated 22.04.2021 (Annexure P-2), has been rejected. Further a writ of mandamus has been sought for directing the respondent authorities to consider the candidature of the petitioner and appoint the petitioner against the vacant post of Assistant Engineer/On Training (Electrical) advertised by the respondent

authorities vide advertisement No.CRA-10/2021 dated 22.04.2021 (Annexure P-2). Further prayer has been made to direct respondent authorities to keep at least one vacant post of Assistant Engineer/On Training (Electrical) available for the petitioner by not finalizing the selection process or in alternative, not to carry over the one vacant post of Assistant Engineer/On Training (Electrical) to any future selection/advertisement that may be made/issued during the pendency of the writ petition. Lastly, it is prayed that direction be issued to respondent authorities to give deemed date of appointment to the petitioner on the vacant post of Assistant Engineer/On Training (Electrical) from the date on which the last candidate (in general category) in merit joined on the said post.

Reply on behalf of respondents No.2 to 4, has been filed in the Court and the same is taken on record. Copy thereof has been supplied to learned counsel for the petitioner. In Para 3 of the preliminary submissions, it has been stated as under:-

3. That it is respectfully submitted that the case of the present petition was taken up before the competent authority on 27.11.2024 for reconsideration and the competent authority after going through all the relevant facts and details has decided to offer an appointment to the petitioner as AE(OT) Electrical under CRA 10/23021. A copy of the decision made by the competent authority is attached herewith as Annexure R-1.

Learned counsel for the respondents submits that since the petitioner has been offered appointment as Assistant Engineer/On Training (Electrical) in CRA-10/2021, therefore, the instant petition has been rendered infructuous.

However, learned counsel for the petitioner submits that the petitioner is entitled for the grant of notional benefits from the date when other candidates, similarly situated like the present petitioner, have been offered appointment. He further submits that the petitioner may be given liberty to make a detailed representation for the said purpose and the same be considered and decided in a time bound manner.

If any such representation is submitted by the petitioner within a period of one month from today, the same shall be considered and disposed of by the competent authority, within a period of three months thereafter.

Disposed of in the above terms.

(NAMIT KUMAR) JUDGE 10.12.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No