- (1.) By consent, the matter was taken up for final disposal on 21st November, 2014 and the learned counsel for the respective parties were heard at length on the merits of the case. The judgment was reserved which is being pronounced today.
(2.) This case involves operation of the waiting lists. The mainstay of the argument of the learned counsel for the petitioner was that Punjab Government instructions dated 22nd March, 1957 confer upon her a right to appointment by way of direct recruitment to the posts of Soil Conservation Officers against an unfilled post/vacancy on the analogy of the aforesaid instructions which contemplate vacancies arising within 6 months of the recommendations of the Punjab Public Service Commission.
(3.) The respondent-State has filed an affidavit pursuant to the interim orders passed by this Court on 9th October, 2014 requiring information whether the instructions dated 22nd March, 1957 are extant and whether in all cases waiting lists have ceased to operate or exist in the State of Punjab while making appointments to public service. The affidavit discloses that the instructions dated 22nd March, 1957 have been withdrawn vide instructions dated 15th May, 2000 by the Punjab Government in the Personnel Department (PP3 Branch). The fresh instructions are applicable to all administrative departments where posts are being filled through the aegis of the Punjab Public Service Commission, Patiala. It is the categorical stand of the Principal Secretary to Government of Punjab-cum-Financial Commissioner, Department of Agriculture, Punjab that at present, there are no instructions regarding operation of waiting lists as a source of recruitment. It has been mentioned in paragraph 3 of the affidavit that the appointment letters in the present case have already been issued to 25 candidates (including one candidate belonging to reserved category of SC & others) from the approved merit list and no appointment letter can be issued to any other candidate at this stage.;