CWP No. 18194 of 2009 -1- **** IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 18194 of 2009 Date of Decision : 07.09.2010 Subhash Chand .......... Petitioner Versus Union of India & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Rajneesh Chadwal, Advocate for the petitioner. Ms. Geeta Singhwal, Central Govt. standing counsel for the respondents. **** VINOD K. SHARMA, J. (ORAL) The petitioner has invoked the writ jurisdiction of this Court, for issuance of writ in the nature of mandamus, directing the respondents to appoint the petitioner against the vacant post . The case of the petitioner was that in pursuance to his selection for appointment as Constable, he was placed at Sr. No. 29 of the merit list. The case of the petitioner is that the department advertised 27 vacancies, out of which two vacancies were not filled for want of joining of selected candidates, therefore, the petitioner had a right to be appointed against the vacant post. This assertion of the petitioner was contested by the respondent, wherein a positive stand was taken, that only one post CWP No. 18194 of 2009 -2- **** was lying vacant, which was to be filled, in accordance with merit. The stand of the learned counsel for the petitioner was, that the candidate at Sr. No.28, has also not opted to join, therefore, the petitioner has a right to fill up the vacant post. The learned counsel for the respondents pointed out that the person at Sr. No. 28 has been offered appointment, therefore, at present petitioner has no legal right to claim appointment unless and until the person at Sr. No. 28 refuses to join. It is further the stand of the respondent that the candidate at Sr. No.28 has been given one month's time to join. This revision petition is disposed of with a direction to the respondents that in case the person at Sr. No.28 i.e. Pardeep Kumar S/o Dharambir Singh, does not join, the post be offered to the petitioner, immediately thereafter. Writ disposed off. 07.09.2010 (VINOD K. SHARMA) 'sp' JUDGE