IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.58 of 2010 (O&M) Date of decision: 10.2.2010 The State of Haryana & others. -----Appellants Vs. Mandeep Sharma & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Ms. Sushma Chopra, Addl.A.G., Haryana for the appellants. ----- ORDER: 1. This appeal has been preferred against judgment of learned Single Judge, allowing the writ petition of respondent No.1 and directing his appointment to the post of Peon on the basis of selection process. 2. In pursuance of advertisement dated 4.11.2004, respondent No.1 applied for the post of Peon and after due selection, letter dated 8.12.2004 was issued to him stating that his appointment was under consideration and he should appear for medical examination. He appeared for the medical examination but he was not given appointment on the ground that general elections for the State Assembly were announced. Even after the elections, appointment was not given to respondent No.1, against which he filed writ petition. The writ petition was LPA No.58 of 2010 opposed on the ground that there was delay in filing the same, which was filed on 2.7.2007 after more than two years of the denial of appointment. 3. Learned Single Judge allowed the writ petition and directed that appointment be given. It was further directed that the writ petitioner be given seniority from the date candidates less meritorious to him were given appointment. Further direction was issued to give him continuity of service and backwages from November 01, 2006. 4. We have heard learned counsel for the appellants. 5. In view of the fact that respondent No.1 was duly selected and he was also intimated that his appointment was under consideration, we do not find any ground to interfere with the view taken by learned Single Judge. It is, however, clarified that since letter dated 8.12.2004 was not the letter of appointment and no appointment has so far been made, there is no question of backwages or continuity of service. The respondent No.1 will be entitled to wages and seniority from the date he joins after appointment is made. 6. The appeal is disposed of. ( ADARSH KUMAR GOEL ) JUDGE February 10, 2010 ( ALOK SINGH ) ashwani JUDGE 2