C.W.P NO. of 13163 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. of 13163 of 2009 DATE OF DECISION: 20.01.2011. Gurbachan Singh Petitioner versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Sudeep Mahajan, Advocate, for the petitioner. Mr.Puneet Gupta, Additional Advocate General, Punjab. ***** PERMOD KOHLI, J. (ORAL) The petitioner was engaged as Instructor (Electronics) in Government Polytechnic Batala under Community Polytechnic Scheme from 17.11.1994 to 31.7.2007, having applied in response to an advertisement. The petitioner was discharged on 31.7.2007 on account of abandonment of the Scheme, sponsored by the Government of India. The petitioner who served for 13 year under the said Scheme, represented to the respondents for his adjustment and also served a legal notice. It is pertinent to note that the C.W.P NO. of 13163 of 2009 2 petitioner is handicapped, his legs being polio affected and his disability is to the extent of 70%. The grievance of the petitioner is that he has not been adjusted, despite the request and legal notice having been made in this regard. The petitioner earlier filed Civil Writ Petition No. 20461 of 2008 which was decided by the Division Bench, vide order dated 4.12.2008, directing the respondents to decide the legal notice. The said legal notice was decided and the claim of the petitioner was rejected. The petitioner has, thus, filed the present writ petition seeking a direction for his adjustment against a suitable post in the Government Polytechnic, Batala, District Gurdaspur, against the vacancy meant for handicapped person. The petitioner has also placed on record the communication from the Superintendent Office of Department of Technical Education and Industrial Training, recommending his adjustment on the analogy of one Prem Parkash who has been reguarlized. However, vide letter dated 20.5.2009, the Director informed the Government that the petitioner has no right to be adjusted as he was working in a temporary scheme. While considering the writ petition, this Court had asked the respondents to consider equitable claim of the petitioner. In the reply filed by the respondents it has been mentioned that offer has been made to the petitioner for adjustment against the Community Polytechnic Scheme sponsored by the Central Government for a period of six months. The petitioner who is present is ready and willing to join on 24.1.2011. If the petitioner approaches the respondents, the C.W.P NO. of 13163 of 2009 3 concerned official will accordingly accommodate the petitioner in accordance with the offer. Mr.Gupta appearing for the State submits that the petitioner has also applied for contractual posts. Suffice it to say that the application of the petitioner shall be considered by the competent authority in accordance with law, if he has applied within time and if otherwise eligible. Disposed of. (PERMOD KOHLI) 20.1.2011. JUDGE Anoop