Petitioner challenged advertisement for Office Superintendent post at Malwa College claiming entitlement to regularisation through promotion after officiating. Court dismissed plea for lack of statutory right.
Quashing of advertisement refused; Petitioner directed not to fill post via promotion without rules.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C.W.P. No. 9427 of 2009
DATE OF DECISION : 06.07.2009
Rachhpal Chand
.... PETITIONER
Versus
State of Punjab and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. Karminder Singh, Advocate, for the petitioner.
SATISH KUMAR MITTAL , J.
The petitioner was appointed as Miscellaneous Clerk in the Malwa College, Bondli-Samrala, District Ludhiana. One Mohan Singh, who was working as Office Superintendent in the said College, proceeded on long leave in the year 2006 and lateron, he submitted his resignation. To fill up that post, the respondent College issued an advertisement (Annexure P- 9) in `The Tribune', Chandigarh, inviting applications for the said post. The petitioner has filed the instant petition for quashing the said advertisement, with a direction to the respondents not to fill up the post of Office Superintendent.
It is the case of the petitioner that when the post of Office Superintendent remained vacant due to the long leave of said Mohan Singh,
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he was given the officiating charge of the said post. Since he is working on the said post, his services should be regularised.
After hearing counsel for the petitioner and going through the contents of the petition, I do not find any merit in the instant petition. The petitioner has not quoted any Rule, which entitles him for promotion on the said post. Therefore, he is not eligible to be promoted on the post of Office Superintendent.
Learned counsel further contends that since the petitioner has worked for about one and half years on the post of Office Superintendent, therefore, he is entitled to be regularised on the said post. This contention of the learned counsel cannot be accepted. There is neither any Rule nor instruction, on the basis of which the petitioner can be made regular on the post of Office Superintendent, on which he has worked for some time under some temporary arrangement. The petitioner has not shown any provision or Rule, according to which the post of Office Superintendent cannot be filed up by direct recruitment. In absence of the Service Rules or any Regulation of the College, the petitioner has failed to establish any legal right on the said post.
No merit.
Dismissed.
( SATISH KUMAR MITTAL ) JUDGE
July 06, 2009 ndj
2 issues framed by the court
Whether the petitioner entitled to regularisation in the post of Office Superintendent on the basis of officiating.
Whether college bound to fill vacant post through direct recruitment in absence of governing service rules.
Rachhpal Chand
State of Punjab
SATISH KUMAR MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
