LPA No.1655 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1655 of 2010 (O&M) Date of Decision: 6.12.2010 Gurbachan Singh Appellant Versus State of Punjab ..Respondent CORAM : HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Ashok Sharma Nabhewala, Advocate for the appellant. 1. To be referred to the Reports or not? 2. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. This is an appeal under Clause X of Letters Patent challenging the judgment dated 29.6.2010 passed by the learned Single Judge of this court in Civil Writ Petition No.3083 of 1989 holding that the appellant might have been entitled to appointment as a Treasury Officer in the year 1981, although he was given an alternative appointment of an Assistant Treasury Officer, yet the same could not be given to him because the post was re-advertised by the Punjab Public Service Commission on 20.10.1985 and the selected candidates on the post of Treasury Officer joined on 3.7.1987. The claim of the appellant might be meritorious on the basis of the argument that the roster point for the post of Treasury Officer was not consumed by the appointment of Shri Ram Gopal Sihota on the post of Treasury Officer because he joined after selection on 5.5.1981 but LPA No.1655 of 2010 (O&M) 2 left the service on the next day. Therefore, we find no substance in the argument that the quota for the Scheduled Caste was not consumed and the next man in merit being the appellant should have been offered the post, but that was required to be taken care of by the appellant at the relevant point and the writ petition was filed in the year 1989. The delay has brought into play the third party interest like Shri Roshan Lal who competed for the post which was re-advertised on 20.10.1985 and after selection, he had joined on 3.7.1987. We find no merit in the appeal. Dismissed. ( M.M.KUMAR ) JUDGE ( RITU BAHRI ) 6.12.2010 JUDGE VK