- (1.) This appeal is directed against the judgment dated 26.11.1991 delivered by J.L. Gupta, J. by which claim of the respondent to be appointed to the post of Assistant Grade III was allowed.
(2.) Before examining the points canvassed by the learned counsel for the appellants it would be appropriate to briefly notice the broad facts leading to the present controversy.
(3.) 49 candidates were selected for the posts of Assistant Grade-III(D) in the Food Corporation of India to be posted in different districts in the States of Punjab and Haryana. Offer of appointment issued to the successful candidates is dated 23rd November, 1985. Pursuant to the offer of appointment, the candidates were asked to report for duty to the concerned District Manager by 24th December, 1985. Before the candidates could report for duty, the respondent-Food Corporation of India, Regional Office, Haryana, issued telegrams cancelling their appointment orders. The telegram is dated 4th December, 1985 (Annexure P.4). Feeling aggrieved by this order of cancellation, one Shri Ashok Kumar Sangwan challenged the same by filing a writ petition bearing number C.W.P. 188 of 1986, which was dismissed by the learned Single Judge on 13th February, 1989. In Letters Patent Appeal the order of the learned Single Judge was granted vide order dated 5th February, 1990. This order of the Letters Patent bench was challenged by the Food Corporation of India by filing a Special Leave Petition before the Supreme Court, which was dismissed on 18th February, 1991. Accordingly, Ashok Kumar Sangwan was given employment.;