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2026 DAILYLAW 29820 (PNJ)

JASWANT SINGH v. STATE OF PUNJAB AND OTHERS

LPA/1439/2026 · 2026-07-08

Amarinder Singh Grewal, Harsimran Singh Sethi

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Judgment text

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LPA-1439-2026 (O&M) -1- 131 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 3529-LPA-2026 INAND LPA-1439-2026 (O&M) DATE OF DECISION: 08.07.2026 JASWANT SINGH ......APPELLANT Vs. STATE OF PUNJAB AND OTHERS .........RESPONDENTS CORAM: HON’BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr.Manu K. Bhandari & Mr. Arjun Sawhni, Advocates, for the applicant-appellant. ***** HARSIMRAN SINGH SETHI, J.(ORAL) CM-3529-LPA-2026 (i) Prayer in the present application, filed under Section 151 CPC, is for condonation of a delay of 52 days in re-filing the accompanying appeal. (ii) Keeping in view the averments made in the application, which is duly supported by an affidavit, the delay of 52 days in re-filing the accompanying appeal is hereby condoned. (iii) CM stands disposed of. LPA-1439-2026 (O&M) 1. The present appeal has been filed against the order dated 15.01.2026 passed by the learned Single Judge in the case titled Jaswant Singh vs. State of Punjab and others, (CWP No. 2525-1999) whereby the claim of the appellant for direct appointment to the post of ‘Kanungo’, on NITIN 2026.07.14 17:14 I attest to the accuracy and integrity of this document LPA-1439-2026 (O&M) -2- priority being a reserved category candidate and his father being an Ex- serviceman, has been rejected. 2. Learned counsel appearing on behalf of the appellant argues that the appellant belongs to the Scheduled Caste category and his father was an Ex-Serviceman, therefore a post of ‘Kanungo’ which is lying vacant with the respondent-State of Punjab be given to him and for the same the appellant moved an application dated 04.10.1997 (Annexure P-2) seeking direct appointment to the post of ‘Kanungo’ in pursuance thereof. The appellant has further submitted that, subsequent to the said application, respondent No. 4 was appointed as a ‘Kanungo’ on 25.07.1998 (Annexure P-14) and respondent No. 5 was promoted to the post of ‘Kanungo’ after the appellant had submitted his application dated 04.10.1997 (Annexure P-2). 2.1 It is further contended that, as respondent No. 5 was not eligible to hold the said post, the vacancy ought to have been filled by way of direct recruitment and the appellant should have been appointed on the basis of the application submitted by him. The non-grant of the said relief was made the subject matter before this Court in CWP-2525-1999, which writ petition came to be dismissed by the learned Single Judge on the ground that mere belonging to the (reserved category) of Scheduled Caste does not confer any right to claim appointment by way of direct recruitment and that too without following the prescribed recruitment process. With regard to the appointment/promotion of private respondents No. 4 and 5, a finding has been recorded that respondent No. 4 was appointed on compassionate grounds, which is a distinct mode of NITIN 2026.07.14 17:14 I attest to the accuracy and integrity of this document LPA-1439-2026 (O&M) -3- appointment, whereas respondent No. 5 was promoted to the post of ‘Kanungo’, which is also different from the claim raised by the appellant. It has further been noticed that, by the time the matter was considered, respondent No. 5 had already retired about a decade earlier. 3. We have heard learned counsel for the appellant and have gone through the paper-book carefully. 4. Learned counsel for the appellant has submitted that once an application was submitted for appointment, a right accrued in favour of the appellant to seek appointment to the post of ‘Kanungo’. On being asked as to whether any direct appointment can be made merely on the submission of an application, irrespective of whether the said post has been advertised, learned counsel for the appellant has not been able to show that merely on the submission of an application, an appointment can be made by way of direct recruitment to any person, much less to a person claiming such appointment solely on the ground of belonging to a reserved category. Hence, the findings recorded by the learned Single Judge have not been shown to be perverse either on facts or in law. 5. With regard to respondents No. 4 and 5, who were appointed/promoted to the post of ‘Kanungo’, the same was done under different modes, i.e. by way of compassionate appointment and promotion, which are permissible under the applicable policy/rules governing the same. The said fact has also gone unrebutted. 6. Keeping in view the above, as the judgment of the learned Single Judge has not been shown to be perverse either on facts or on merits, and further, as the claim for direct appointment was raised merely NITIN 2026.07.14 17:14 I attest to the accuracy and integrity of this document LPA-1439-2026 (O&M) -4- on the basis of submission of an application and on the ground that the appellant belongs to the Scheduled Caste reserved category, the said claim was rightly rejected. 7. The present appeal appears to have been filed only for the sake of filing an appeal without showing this Court as to how the judgment is perverse or how the appeal is maintainable. The tendency of filing appeals without any justifiable cause or without showing even the remotest of arguments to test the correctness of the judgment passed by the learned Single Judge needs to be dealt with with heavy hands. 8. Hence, the present appeal is dismissed. 9. Pending miscellaneous application(s), if any, shall also stand disposed of. (HARSIMRAN SINGH SETHI) JUDGE JULY 08, 2026 (AMARINDER SINGH GREWAL) nitin JUDGE Whether Speaking Yes Whether Reportable No NITIN 2026.07.14 17:14 I attest to the accuracy and integrity of this document