Petitioner, son of a deceased Sub Inspector, sought appointment as Inspector (one step higher). The Court held no rule granted such a right and dismissed the petition.
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CM No.8778 of 2011 in/and CWP No.13424 of 1993
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No.8778 of 2011 in/and CWP No.13424 of 1993 Date of decision : 11.07.2011
Satya Pal Singh
.... Petitioner
VERSUS
The State of Haryana and another
....Respondents
CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. Madan Pal, Advocate, for the applicant-petitioner.
Mr. K.C. Gupta, Sr. DAG, Haryana.
A.N. JINDAL, J.
The petitioner has invoked the provisions of Article 226 & 227 of the Constitution of India for directing the respondents to appoint the petitioner, according to his qualifications i.e. as Inspector Co-operative Societies, in place of Late Sh. Amar Singh Sub Inspector (Father) who died in service.
The father of the petitoner was Sub Inspector when he had died. Admittedly, he was given the post of Sub Inspector which was available to him as per his qualification. He is claiming to be posted as Inspector on the ground that he was to be appointed one step higher than the post which his father was holding at that time.
The counsel for the petitioner has failed to show from the record initially attached as well as amended record any rule which provided him a right to claim one step higher than the post which his father was holding.
CM No.8778 of 2011 in/and CWP No.13424 of 1993
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As such no ground is made out to invoke the provisions of Article
226 of the Constitution of India.
Consequently, the application for amendment as well as writ
petition are dismissed.
11.07.2011 manju
(A.N.JINDAL) JUDGE
2 issues framed by the court
Whether the petitioner has a statutory right to be appointed one step higher than the post held by his deceased father during casual vacancy filling.
Whether the invocation of writ jurisdiction under Article 226 is maintainable in the absence of such a statutory right.
2 provisions across 1 enactments
Satya Pal Singh
The State of Haryana
A.N. JINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
