C.W.P NO. of 10244 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. of 10244 of 2010 DATE OF DECISION: 17.01.2011. Jasdeep Kaur Jawandha Petitioner versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Bikram Jit Arora, Advocate, for the petitioner. Ms. Anu Pal, Assistant Advocate General,Punjab. ***** PERMOD KOHLI, J. (ORAL) The petitioner passed her Diploma in Civil Engineering with honours from Thapar Polytechnic, Patiala in the year, 2005 and degree of Bachelor of Technology from Punjab Technical University, Jalandhar in the discipline of Civil Engineering in Ist Division in May, 2008. Punjab Public Service Commission, Patiala, respondent No.3 invited applications as per the requisition of Department of Irrigation, Punjab for the recruitment of 50 posts of Sub Divisional Engineer (Civil/Mechanical) and the last date for the submission of application forms was 24.12.2008. Petitioner being an eligible candidate applied for the post of Sub Divisional Engineer (Civil) under General C.W.P NO. of 10244 of 2010 2 Category. As per advertisement, out of total 50 posts of Sub Divisional Engineer, 45 posts were in Civil discipline and 05 posts for Mechanical discipline. Out of these 45 posts of Sub Divisional Engineer (Civil), 24 posts were meant for General Category and remaining 21 posts related to different types of reserved categories. The petitioner was found eligible for the post and was summoned for interview which was conducted by the Punjab Public Service Commission on 6.5.2009 and the result declared on 28.7.2009. The name of the petitioner figured at serial No. 19 in the general category and at serial No. 22 in the Combined Merit List issued by the Punjab Public Service Commission, Patiala. Despite selection, the petitioner was not appointed. It is under these circumstances that the petitioner has filed the present petition seeking a direction to respondents No. 1 to 3 to finalize the process of selection, appoint the selected candidates including the petitioner for the post of Sub Divisional Engineer (Civil) under General Category in department of Irrigation simultaneously in one go, as per the Combined Merit List published by the Punjab Public Service Commission. Respondents have filed reply. Today,learned Assistant Advocate General, Punjab filed an additional affidavit of Amarjit Singh Dullat, Chief Engineer Canals, Irrigation Works, Chandigarh, on behalf of respondents No. 1 to 3 wherein it has been stated that while recommending the names of selected candidates, the Punjab Public Service Commission vide its letter dated 29.7.2009 had intimated that three writ petitions bearing Civil Writ Petition No. 6850 of 2009 (Sanjay Kumar and others Vs. State of Punjab), Civil Writ C.W.P NO. of 10244 of 2010 3 Petition No. 6141 of 2009 (Jagtar Singh Vs.State of Punjab) and Civil Writ Petition No. 6529 of 2009 (Jasvir Singh Vs. State of Punjab) are pending before this Court in which result of those candidates ( i.e. The writ petitioners therein) who were interviewed provisionally, was not to be declared. As such, five posts have been kept vacant to avert any legal complication arising out of the disposal of these cases. It is, thus, argued by learned Assistant Advocate General, Punjab that on account of the pendency of the aforesaid writ petitions, the petitioner could not be appointed on the post of Sub Divisional Engineer (Civil). Learned counsel for the petitioner has also submitted that the petitioner has also sought information under the Right to Information Act from the Public Information Officer, Punjab, Chandigarh relating to the process of appointment of Sub Divisional, Engineer (Civil) in the department of Irrigation vide letter dated 17.2.2010. The Assistant Public Information Officer-cum- Superintendent Irrigation Personnel Branch-II has informed that the department has initiated the process of appointment for the Sub Divisional Engineer (Civil) only for the first 19 selected candidates as per the Combined Merit List under general category and that five posts have been kept vacant on account of litigation. Today, learned counsel for the petitioner produced copies of the order dated July 27, 2010 and December 7,2010 passed in Civil Writ Petitions No. 6529 of 2009 and 6850 of 2009 respectively. From the perusal of these orders, it is apparent that the writ petitions filed by four candidates have already been dismissed. The only plea raised by the State is that the pendency of C.W.P NO. of 10244 of 2010 4 the aforesaid writ petitions was an impediment for withholding the appointment of the petitioner. In view of the dismissal of the writ petitions, there is no legal obligation to withheld the appointment of the petitioner for the post of Sub Divisional Engineer (Civil). Therefore, this petition is allowed. Respondents are directed to appoint the selectees on the post of Sub Divisional Engineer (Civil) in accordance with the merit list against the available vacancies within a period of two months. If appointed, the petitioner shall be entitled for seniority in the selection as per his merit position along with other selected candidates who have been given appointment. However, the petitioner is not entitled for arrears of pay, though, she shall be entitled for fixation of notional pay from the date, persons selected with her have been appointed. (PERMOD KOHLI) 17.1.2011. JUDGE Anoop