JUDGEMENT
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(1.) As per the averments made in this writ petition, the petitioner
passed three years Diploma in Hotel Management Catering and Nutrition
from the Institute of Hotel Management Catering and Nutrition, Panipat in
1
st
Division. It is relevant to mention that the petitioner had appeared for
entrance test in which he was declared successful and got admission in the
aforesaid Institute. After completion of the Diploma everybody was to be
given placement in the respondent-Corporation.
(2.) It is the further case of the petitioner that on 19.8.1991, he was
appointed as Management Trainee with the respondent-Corporation on a
monthly fixed stipend of Rs.1,200/- and joined at Hotel Raj Hans
Surajkund. It was specifically mentioned in the said order of appointment
(Annexure P-2) that the training period will be of two years and the
appointee will be considered for appointment on regular post subject to
availability of post on completion of the training successfully. The petitioner
was granted a regular pay-scale of Rs.1400-2600 of the post of Manager-
cum-Accountant vide order dated 12.9.1995 (Annexure P-3). Not only this,
the petitioner was further granted the benefit of annual increments vide
order 17.11.1996 (Annexure P-4).
(3.) The petitioner who continued to work as such made a
representation on 7.8.2003 (Annexure P-5) requesting therein that he be
regularised as post of Manager-cum-Accountant was available. However,
the respondent-Corporation informed him that his case for regularisation
cannot be considered as there was no vacant post. The petitioner has
placed on record a copy of the gradation list of Manager-cum-Accountant
as on 31.3.2006 wherein total sanctioned posts of Manager-cumAccountant were shown 44 out of which 39 posts have been shown as
filled and 5 posts of Manager-cum-Accountant are shown to be vacant.;
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