IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO. 487 OF 2009 DATE OF DECISION: 13.1.2009 Dr.Saroj Bala ...Petitioner VERSUS State of Punjab and others ...Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Gagandeep Singh, Advocate for petitioner Mr.B.S.Chahal, DAG, Punjab Permod Kohli, J. (Oral) On the asking of this Court, Mr. BS Chahal accepts notice on behalf of the respondents-State. With the consent of the counsel, this petition is disposed of at motion stage. The petitioner is serving as PCMS doctor in the Department of Health and Family Welfare, Punjab. Respondent no.4 notified the vacancies for Senior Residents in Government Medical Colleges at Patiala and Amritsar in various disciplines. The petitioner applied for Senior Resident in the discipline of Ophthalmology through proper channel. Her application was forwarded by Civil Surgeon, Tarn Taran to the Director, Health and CWP NO. 487 OF 2009 :2: Family Welfare, Punjab. The petitioner was selected in the process of selection. The grievance of the petitioner is that she is not being relieved from the present place of her posting to join as Senior Resident. She received the impugned order dated 30.7.2008 (Annexure P-5) whereby she was communicated that she cannot be relieved as she did not procure the No Objection Certificate from the Department. Learned counsel for the petitioner submits that once she applied through proper channel, the petitioner is not required to obtain a separate No Objection Certificate. The petitioner also relied upon a Division Bench Judgment dated 26.9.2008 of this Court passed in CWP No.14170 of 2008 (Annexure P-7) wherein under similar circumstances, a direction was issued to the respondents to issue No Objection Certificate and relieve the petitioner in the said petition for joining the post of Senior Resident. The case of the petitioner is squarely covered by the aforesaid judgment. In the aforesaid judgment, following directions have been issued:- “... In view of the above, we allow the writ petition and quash the order ( annexure P-5) and direct the respondent no.5 to issue the No Objection Certificate to the petitioner and to relieve the petitioner from the presence place of posting for joining as Sr.Resident in the Speciality of Gynecology and Obst. in Government Medical College, Amritsar within a period of 10 days from today.” Since the case of the petitioner is squarely covered by the aforesaid judgment, the aforesaid directions shall apply to the case of the petitioner. This petition is accordingly disposed of with a direction to the respondents CWP NO. 487 OF 2009 :3: to issue No Objection Certificate to the petitioner within two weeks from the date a certified copy of this order is made available to the concerned authority and immediately, after issuance of No Objection Certificate, the petitioner shall be relieved from the present place of her posting and shall be permitted to join on the post of Sr.Resident, on the basis of selection vide order dated 3.7.2008 (Annexure P-4). (PERMOD KOHLI) JUDGE 13.1.2009 MFK