IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 9665 of 2007 DATE OF DECISION : 18.03.2009 Anil Kumar .... PETITIONER Versus Haryana Viduyat Parasaran Nigam Ltd., Panchkula and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. B.K. Bagri, Advocate, for the petitioner. Mr. B.S. Rana, Advocate, for the respondents. * * * SATISH KUMAR MITTAL , J. The petitioner has filed the instant petition for issuing direction to the respondents to consider his appointment as Junior Engineer with effect from 3.8.2004 on the basis of his earlier selection made in the month of July, 2004. Undisputedly, the petitioner was selected as Junior Engineer (Electrical) on 27.2.2004 in the selection made by the Haryana Staff Selection Commission (hereinafter referred to as `the Commission'), against Advertisement No.1/2004 (Category-1) dated 15.1.2004. The said selection was challenged by various persons by filing writ petition in this Court. CWP No. 9665 of 2007 -2- Under the interim order, passed by this Court, the selected candidates were restrained from joining the service of the respondent Nigam. The petitioner was also not allowed to join the service on the post of Junior Engineer (Electrical). In the meanwhile, the petitioner applied against the second advertisement and was again selected as Junior Engineer. He was issued appointment letter dated 31.8.2005 and he joined the said post. Thereafter, the Commission sent a list of the selected candidates, whose interviews had been conducted as per the directions issued by this Court vide order dated 5.8.2004, passed in CWP No. 5834 of 2004. The said list was received by the respondent Nigam on 6.12.2005 and vide memo dated 10.1.2006, the petitioner was again issued offer of appointment to the post of Junior Engineer at Hisar. In pursuance of the said offer of appointment, the petitioner admittedly did not join the said post. In view of the aforesaid facts, the petitioner prays that he be granted the seniority as per the selection made by the Commission in terms of the order dated 5.8.2004 passed by this Court in CWP No. 5834 of 2004, though admittedly he did not join the said post. The stand of the respondent Nigam is that since in pursuance of the offer of appointment vide memo dated 10.1.2006, the petitioner did not join at Hisar, therefore, he is not entitled to the seniority in accordance with the merit of the said selection. He can only be given seniority in the selection, against which he joined on the post of Junior Engineer (Electrical). After hearing counsel for the parties, I do not find any merit in CWP No. 9665 of 2007 -3- this petition. It was open for the petitioner to join the post in view of the selection made by the Commission in compliance with the directions issued by this Court, but in spite of the specific offer, he did not join against the said post. Therefore, he cannot be given the seniority on the basis of that selection. Admittedly, when the earlier selection was stayed, the petitioner applied against a subsequent advertisement and was again selected. Against that subsequent selection, he has joined. Counsel for the petitioner does not controvert these facts and has not cited any judgment in support of his contention. Thus, in my view, the petitioner is not entitled for the benefit of seniority of a selection against which he never joined the post. Dismissed. March 18, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE