The court dismissed the petitioner's writ petition seeking mandamus for appointment as a peon. The court held that mandamus cannot compel an employer to fill a post unless a statute requires it, and a ban on appointments justified the refusal.
The petition is dismissed summarily.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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srp.
HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2068 OF 2007.
Sameer ABdul Kadar Shaikh. ..Petitioner.
V E R S U S
P.S.N.Rao & Ors. ..Respondents.
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Mr. T. D. Deshmukh for the petitioner.
Mr. N. R. Prajapati for the respondent nos. 1, 2, 4 & 5.
Mr.C.R.Sonawane, A.G.P. for the State - respondent -3.
CORAM: S.B.MHASE & D.G.KARNIK,JJ.
DATE : OCTOBER 22, 2007.
P.C.
1. Heard. By this petition the petitioner
seeks a mandamus to appoint him to the post of a peon
in the office of the respondent no.1 - Botanical
Survey of India. Counsel for the petitioner invited
our attention to the letter dated 23rd March 2007
issued by the Deputy Director, Headquarters to the
Joint Director, Western Circle, Botanical Survey of
India, Pune approving the filling up of the vacant
post of peon. Learned counsel for the petitioner
submitted that since the appointment has been
approved by the Head of Office, Western Circle, the
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respondent no.1 who is the Joint Director ought to
have made the appointment of the petitioner to the
said post.
2. It is well settled position in law that no
mandamus can be issued directing the employer to
appoint a person even if the person’s name appears in
the select list. Untill the employer decides to fill
up the post and issues an appointment order it can
retract the decision and decide not to make any
appointment unless a statute or a statutory rule
provides otherwise. In the circumstances mandamus
cannot be issued.
3. From the affidavit-in-reply we notice that
presently there is a ban for making the appointments.
In the circumstances the Joint Director was right in
not issuing the appointment letter. The petition is
dismissed summarily.
(D.G.KARNIK, J.) (S.B.MHASE, J.)
2 issues framed by the court
Whether a writ of mandamus can be issued directing the employer to appoint the petitioner to a post where the appointment was approved but not yet ordered.
Whether the petitioner can claim a right to appointment despite a present ban on making appointments.
Sameer Abdul Kadar Shaikh
P.S.N.Rao & Ors.
S.B. Mahase
D.G. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court