Punjab-Haryana High Court
Jaswinder Kaur vs State Of Punjab And Anr on 7 May, 2024
Neutral Citation No:=2024:PHHC:063456
CWP-14133-2018 (O&M) 2024:PHHC:063456
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
217
WP-14133-2018 (O&M)
C
Date of decision: 07.05.2024
Jaswinder Kaur
....Petitioner
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Kapil Kakkar, Advocate for the petitioner.
Mr. Swapan Shorey, DAG, Punjab.
* ****
AMAN CHAUDHARY, J. (Oral)
1. The prayer made in the present petition is for directing the
respondents to consider the claimofthepetitionerforappointmenttothepost
of Educational Service Provider (English).
2. Learnedcounselcontendsthatthepetitionerisadmittedlyatserial
No.7 of the waiting list and submits that there are 28 posts of English
Education Service Provider (Female) that are vacant as depicted in RTI
information dated 05.04.2010, Annexure P-19. It is his categoric submission
based on instructions that the said posts are still vacant with regard to the
advertisement in question. He submits that the issue with regard to the male
candidates aspiring for the same post, the Coordinate Bench of this Court in
Dilpreet Singhvs.StateofPunjabandothers,CWP-3206-2014,decidedon
13.02.2020, directing consideration of appointment to the petitioners therein.
Thereafter, the CoordinateBenchinTejinderKumarandothersvs.Stateof
Punjab and others, CWP-14655-2018, allowed the writ on 29.01.2024, in
terms of the aforesaid judgment on the basis of the fact that the petitioner
therein was lower in merit than Tejinder Kumar and others, who were in the
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waitinglistandtherewere32postslyingvacant. Learnedcounselalsosubmits
that the petitioner had even on previous occasion approached this Court in
LPA-1097-2012 as appellantNo.2inCWP-4379-2008,whichwasdisposedof
on 31.10.2012 alongwith LPA-1046-2012 filed by Dilpreet Singh, Annexure
P-14, holding that the corrigendum dated 31.08.2007 prescribing M.A.
(English) with B.Ed. was introduced, did notrelatetoqualificationprescribed
of graduation with English as an elective subject in all the three years. The
relevant paras ofTejinder Kumar(supra) read thus:-
" 8. In the case of Dilpreet Singh (supra), the Court passed the
following order:
" 9. If that be the factual position, other candidates having
not even approached this Court with any grievances since
the year 2010 till date, would not have a right for
consideration for appointment to the post, especially inthe
light of the fact that the petitioner has all through been
agitating his claim, who are although higher in merit than
the petitioner. It is well settled that bythepassageoftime,
right if not agitated would lose its shin and cannot be
pressedintoserviceonequitywhileapproachingthisCourt.
Otherwisealso,ifasuitisnowpreferred,thesamewouldbe
barred by limitation.
1 0.Inviewoftheabove,thepresentwritpetitionisallowed
by quashing the impugned order dated 12.11.2013
(Annexure P-15) Direction is issued to the respondents to
consider the claim of the petitioner for appointment to the
post of English Master againsttheavailablepostasperthe
advertisement dated 29.08.2007 within a period of one
month. In case the petitioner is found eligible for
appointment to the post, he be issued appointment letter
within a further period of three weeks."
9 . The order was not challenged by the State and Dilpreet Singh
was offered appointment as is apparent from Annexure P-30
placed on record with the application moved by the petitioners.
The appointment order wasissuedon28.10.2020videofferletter
No.20/50-2020 Estt 2 (6), which is as under:
" On the recommendation of the recuritment directorate in
lightofdecisionofHon'bleHighCourtdated13.02.2020in
CWP-3206 OF 2014, on your selection as education
provider, you are hereby offered appointment against the
vacant post of English master, on a consolidated salary of
Rs. 5400/- on contract basis Aspertherecordoftheselect
list, your particulars as under:-
Regd Merit Date of Category Place of Remarks
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No. Marks Birth Posting
010- 19.755 29.06.1986 General
M ill
W be -
000169 allotted
after
acceptance
of offer
1 0. It is also an admitted position that there are 32 posts lying
vacantinthesubjectofEnglishwhichhaveyetnotbeenfilled.No
reasons are coming forward on behalf of the respondents that in
spite of the LPA having been allowedandtheearliercontroversy
having been settled, why the appointments were not offered to
persons who were there in the select list/waiting list. Onaccount
of inaction on the part of the respondents, the claim of the
petitioners cannot be defeated.
1 1. Keeping in view that the offer of appointment was issued to
DilpreetSingh,similarofferofappointmentshallnowbeissuedto
thepetitionersiftheyareotherwisequalified.Necessaryordersbe
passed within a period of one month from today."
3. Learned State counsel despite his best efforts has been unable to
controvert the factual position and draw out any distinctive aspects in the
aforementioned judgment or cite any contrary law.
4. In view of the aforesaid, the present petition is disposed of in
terms of the judgment passed inTejinder Kumar(supra).
(AMAN CHAUDHARY)
JUDGE
0 7.05.2024
Hemant
hether speaking/reasoned
W : es / No
Y
Whether reportable : Yes / No
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