M.M.KUMAR, RAJESH BINDAL
Kiran Jyoti – Appellant
Versus
State Of Punjab – Respondent
M.M.Kumar, J.
1. This petition filed under Article 226 of the Constitution prays for issuance of direction to the respondents to modify the appointment letter, dated 29.6.2004 (P-3), whereby the petitioner was offered the appointment for the post of Peon. The petitioner has claimed that she is entitled to be appointed as Clerk instead of Peon. In this regard, she has also sent a legal notice dated 14.10.2006, to the respondents, to which no reply is stated to have been received.
2. We have heard the learned counsel for the petitioner at some length and perused the paper book.
3. Before disposing of this writ petition we would refer to the views of Honble the Supreme Court in the case of Salem Advocate Bar Association v. Union of India, (2005) 6 SCC 344. In paras 38 and 39 of the judgment it has been required that whenever notice under Section 80 C.P.C. or under any similar provision are sent then it is mandatory on the part of State or Central Government or other authorities to send reply to such notice. It is also well settled that before seeking a direction or a writ of mandamus, a demand justice notice is required to be served on the respondents as has been done in the p
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