Petitioner claims to have been selected by respondent No,3 out of about 1000 candidates to one of the three posts of Sub-Engineer (Civil) BS-11 in the Education Department, which were advertised on 19-3-1994. On the basis of the recommendation of respondent No,3, petitioner was issued an appointment letter on 30-1-1995. The letter in question after enumerating the terms and conditions etc., informed the petitioner that in case the above terms and conditions were acceptable, the petitioner should A report to the Superintending Engineer, Punjab Education Department, Lahore, within 30 days from the date of issue of the offer along with Medical certificate and affidavit of marriage for further posting order, failing which the offer was to stand automatically cancelled. It is the case of the petitioner that after receipt of the letter and equipped with the requisite documents, he tendered his joining report on 26-2-1995 to respondent No,2. It is the case of the petitioner that the joining report was received by respondent No,2 and the petitioner was not allowed to join the service. Repeated efforts for this purpose remained fruitless and this compelled the petitioner to file this Constitutional petition seeking a mandatory writ directing respondent No,2 to allow the petitioner to join the post.
2. Report and parawise comments were called for ankle have been submitted. It is stated therein that the petitioner did not join on 26-2-1995 or thereafter, within thirty days which resulted in the cancellation of the offer. Subsequently, in pursuance to the revised policy of the Government dated 30-10-1994 the post was filled /through departmental Recruitment Committees after due publicity.
3. Respondent No,2 was directed to personally appear and to explain some ambiguity in the report.
Respondent No,2 has accordingly appeared and has been heard.
4. Learned counsel as well as the petitioner, who was present in person, vehemently maintained that the petitioner accepted the offer within thirty days and in fact appeared and reported for joining on 26-2-1995 , but respondent No,2, with ulterior purposes did not accept the joining report nor allowed the petitioner to perform duties. On the contrary, respondent No,2 and the learned Additional Advocate-General have vehemently denied the reporting of the petitioner on 26-2-1995 and has maintained that by the time his reminder dated 19-3-1995 was received, the post had been hurriedly filled up on 9-3-1995 under the revised recruitment policy. Learned counsel has further referred to and relied upon letter dated 6-2-1995 issued by Government of Punjab in Service General Administration and Information Department, informing the Chairman, Punjab Public Service Commission that the Chief Minister was pleased to allow the Punjab Public Service Commission to finalise the process of recommendations for recruitment to the post of following categories which includes 27 posts of the Sub- Engineers, to one of which the petitioner was recommended and appointed. It is averred that this letter saved all cases flying in the pipeline from the application of new recruitment policy.
5. Without entering into the resolution of the factual controversy, viz, whether the petitioner reported within thirty days, it is clear that the period of 30 days for acceptance of offer is only meant to expedite the appointments and non-reporting within time cannot be said to be fatal. To a Court question, respondent No,2 admitted that number of posts are still available and if directed the petitioner can be accommodated. The petitioner is B.Sc. and he has succeeded on merits from amongst 1000 candidates. It is difficult to accept that after going through such a strenuous and rigorous process of selection, the petitioner would allow the offer to lapse in a casual manner. As the posts are available to one of which the petitioner can be accommodated, I see no reason why in terms of the letter dated 6-2-1995, issued by Services General Administration and Information Department, the petitioner cannot be posted.
6. In the circumstances, I would allow this petition and direct respondent No,2 to allow the petitioner to join the post. In the circumstances, the further relief of payment of salary w,e,f, 26-2- 1995 is disallowed. The parties are left to bear their own costs.