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2006 DIGILAW 1908 (PNJ)

Kulbinder Gill v. State Of Haryana

2006-05-02

M.M.KUMAR, M.M.S.BEDI

body2006
Judgment M. M. Kumar, J. 1. The petitioner was selected on the post of Medical Officer (HCMS-II) by the Haryana Public Service Commission on 9.7.2004 ( Annexure P.1) and he was required to join his duty within a period of two weeks. The petitioner failed to join his duty within the stipulated period, as per the terms and condition of letters of appointment. 2. The respondents cancelled his appointment letter for the post of Medical Officer. The respondents took a lenient view and vide order dated 22.8.2005 the order cancelling his appointment was withdrawn by granting one last and final opportunity for joining the post of Medical Officer within a period of 15 days. The petitioner has not joined even then and had requested for further extension. However, on 17.2.2006 his appointment letter has been finally withdrawn ( Annexure P.6) 3. It appears to us that the petitioner has joined two years Diploma Course in ortho at PGIMS Rohtak from 28.7.2004 and the same is likely to be completed by 31.5.2006. However, the services of the petitioner as a Medical Officer cannot be kept in abeyance at the will of the petitioner for joining after the period of one year ten months. 4. The petitioner has failed to show any legal provision for granting further extension for joining on the post of Medical Officer in pursuance to the appointment letter dated 9.7.2004. Despite our repeated queries to disclose any such right which is necessary for issuance of a writ of mandamus, no satisfactory explanation has been given by the learned counsel. The respondents cannot be kept on tenterhook in order to enable the petitioner to join the service whenever he likes. Therefore, we do not find any legal infirmity in the order dated 17.2.2006 ( Annexure P.6) passed by the respondents finally cancelling his appointment letter dated 9.7.2004 (Annexure P.1 ). The writ petition is wholly misconceived and the same is accordingly dismissed.