CWP No. 13132 of 1995 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 13132 of 1995 Date of Decision: 19.07.2011 Parveen Kumar Singla ...Petitioner Vs. State of Punjab & Anr. ... Respondents CORAM Hon'ble Mr. Justice A.N.Jindal, Present: Mr.S.P.Thukral, Advocate, for the petitioner. Mr.P.C.Goyal, Addl.A.G., Punjab, -- A.N.Jindal, J . (Oral) The petitioner, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issuance of directions to the respondents to consider the case of the petitioner for the post of Senior Assistant in the Head Office against the vacant post. The petitioner joined as clerk in the Canal Lining Circle, Bathinda. Respondent No.2, vide letter No.398-460/2-Admn/94 dated CWP No. 13132 of 1995 2 12.1.1994, sought options of the employees of the department for the post of Senior Assistant. The petitioner sent conditional option claiming himself to be eligible for the post of Senior Assistant but his this request was declined on the ground that he had sought his promotion if he is posted at Chandigarh only. Thereafter the respondents again sought options of the eligible employees vide No.415-30/2-Admn/95 dated 21.6.1995, Annexure P.3 to come up in the Head Office as Senior Assistant within 10 days from the said date but the petitioner sent option on 7.7.1995 as such the option being sent late was not considered. Thereafter, the petitioner again approached respondent No.2 vide representations dated 4.8.1995 Annexure P.6 and dated 21.8.1995 Annexure P.7 but he was not considered for promotion. Now he has sought to be appointed as Senior Assistant. Reply to the petition has been filed wherein it was pleaded that for the first time the petitioner had sent his conditional willingness vide Annexure P.2. Since the staff was required to be posted at Sunder Nagar, Nangal, Talwara, Shahpurkandi etc., therefore, his option was ignored. It was also submitted that selected officials were to be posted at Shahpurkandi and posting out of Chandigarh is made only of suitable willing officials, thus with a view to avoid any controversy, and to fulfill the vacancies at Shahpurkandi, options were demanded vide Annexure P.3. However, the willingness of the petitioner was not received within stipulated period and in the meantime promotion case was finalized and the orders of the CWP No. 13132 of 1995 3 suitable willing officials were issued vide Annexure P.5. Since the petitioner had already requested to be posted at Chandigarh and again he had not sent option within time, therefore, his name was not considered. Arguments heard. Records perused. There is no denying fact that the petitioner was appointed as a Clerk and he was qualified to be a Senior Assistant. Vide Annexure P.1, Chief Engineer, Irrigation, Punjab, Chandigarh sought options from the officials to promote them as Senior Assistants to be posted in the Head Office. Letter Annexure P.2 reveals that the petitioner gave conditional option for promotion that he was willing if he was to be posted at Chandigarh. Because of the conditional offer he was not considered for promotion. Again vide letter Annexure P.3 dated 21.6.1995, respondent No.2 again sought options which were to be sent within 10 days i.e. up to 1.07.1995 but in the mean time the case of the promotion of the officials was finalized and the petitioner could not be considered because of late sending of the willingness i.e. on 7.7.1995. Learned counsel for the petitioner has not challenged further orders of promotion. No defect has been brought to the notice of the court in the subsequent orders. Consequently, finding no merit in the writ petition the same is dismissed. (A.N.Jindal) 19.07.2011 Judge rp