Bharat Bhushan vs State of Punjab and Another

Ranjan Gogoi, C.J.—This writ petition filed as a PIL seeks directions to the State to fill up all vacant posts in the Municipal Corporation, Ludhiana, especially the post of Section Officers and Junior Engineers. An additional direction for creation of certain other posts in the engineering wings of the Municipal Corporation, Ludhiana has also been sought. Alongwith the writ petition, copies of the communications exchanged between the Corporation and the State authorities have been enclosed which would indicate the precise number of posts in different cadres that are lying vacant and not filled as on date. The Director, Department of Local Government, Punjab, has filed a short affidavit dated 31.01.2012 wherein it was stated that by letter dated 20.01.2012, the Director had asked the Deputy Director, Local Government, Punjab to submit a report regarding the posts required to be filled up after seeking necessary information from all the Municipal Committees, Corporations and Improvement Trusts in the State. In the aforesaid affidavit, it has been further stated that the Deputy Director, Local Government, Punjab has in turn issued letters to the Municipal Committees, Corporations and Improvement Trusts on 23.01.2012 asking for the requisite information.

At the hearing, it has been stated by Mr. Sidhu, learned Additional Advocate General, Punjab that some of the Municipal Committees, Corporations and Improvement Trusts have responded to the letter of the Deputy Director whereas such response from other bodies are awaited. Once the same is received the matter will be finalized and all existing vacancies will be filled up and posts wherever necessary will also be created.

There can be no doubt that it is the prerogative of the employer to take a decision with regard to filling up of vacant posts and also with regard to creation of new posts and no mandamus in this regard ought to be issued by the Court.

Applying the above settled principle of law to the facts of the present case what can be directed by us in the present proceeding is that the State Government, on receipt of the information sought for by the Deputy Director, will consider the said information and thereafter take its decision in the matter and accordingly fill up the vacant posts and create such posts as in the opinion of the State Government is necessary. This will be done within a period of three months from the date of receipt of this order or a certified copy thereof by the competent authority of the State Government, namely, the Secretary, Department of Local Government to whom a copy of the order shall be forwarded by the Registry. PIL shall stand disposed of in the above terms.