JUDGMENT :

JAGMOHAN BANSAL, J.

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of office order dated 22.06.2017 (Annexure P-22) whereby U.T. Administration has ordered to withdraw office order dated 22.07.2015 (Annexure P-12).

2. The petitioner joined Municipal Corporation, Chandigarh (for short ‘MC Chandigarh’) on 07.04.2000. She was placed in the grade of Junior Assistant w.e.f. 19.05.2008 vide office order dated 01.07.2009. She applied for SAS examination through proper channel. She qualified the exam as per result dated 29.04.2015. She vide application dated 04.05.2015 requested the respondent to adjust her as Section Officer (SAS) against vacant sanctioned post of Section Officer (for short ‘S.O.’) available in the MC Chandigarh. A communication with respect to appointment of petitioner as S.O. with MC Chandigarh ensued between MC Chandigarh and U.T. Administration. The U.T. Administration vide memo dated 13.07.2015 forwarded representations of the petitioner to the Director, Treasury & Accounts, Punjab with a request to render advice as to whether employees of Boards/Corporations/Societies who qualify SAS exam in Punjab are being appointed under Finance Department or in their parent department or any option is being obtained in this regard. The petitioner vide office order dated 22.07.2015 of Commissioner, MC Chandigarh came to be provisionally appointed as Section Officer (SAS) in MC Chandigarh subject to clarification from Punjab Government. Officer order dated 22.07.2015 reads as:-

“ORDER

 Consequent upon qualifying the SAS examination, conducted by the Punjab Govt. through Chandigarh Administration and in pursuance of endst. no. F&PO/A- 1/2015/6888 dated 13.7.2015 from the Finance Secretary, Chandigarh Administration. Ms. Champa Bhatt, Jr. Assistant is hereby appointed provisionally as Section Officer (SAS) in the pay scale of Rs. 10300-34800+5000 GP in the Municipal Corporation, Chandigarh subject to the clarification from the Punjab Government w.r.t. the Special Secretary Finance, Chandigarh Administration office endst no. F&PO/A- 1/2015/6887 dated 13.7.2015 and further subject to notification of service regulation for filling up the post of Section Officer (SAS) in the Municipal Corporation, Chandigarh.

Dated 22.7.2015

BHAWNA GARG, IAS,
Commissioner,
Municipal Corporation,
Chandigarh.” 

3. The Administration continued to seek clarification from Punjab Government with respect to appointment of SAS passed candidates who belong to Boards/Corporations. The petitioner vide letter dated 06.01.2016 addressed to Special Secretary (Finance), Chandigarh Administration submitted that she is not willing to join Chandigarh Administration as Section Officer (SAS). The MC Chandigarh vide letter dated 24.08.2016 requested Administration to convey their concurrence for adjustment of the petitioner as Section Officer in the MC Chandigarh. The Administration vide impugned memo dated 22.06.2017 informed the MC Chandigarh that appointment of petitioner as Section Officer is not in order. The same was made without approval of the competent authority. It is not in accordance with existing Recruitment Rules for the post of Section Officer available with Finance Department, Chandigarh Administration. It was further mentioned that Municipal Corporation may create separate cadre of Section Officers and for the said purpose a separate proposal may be sent to the Administration. The petitioner is aggrieved from said letter.

4. Learned Senior Advocate for the petitioner submits that there are seven sanctioned posts of S.O. with MC Chandigarh. The said posts cannot be controlled by U.T. Administration because MC Chandigarh is an autonomous body. The posts were created by Administration, however, recruitment in the absence of specific rules cannot be controlled or governed by Administration. The respondent-MC vide letter dated 17.03.2008 adopted amendment dated 13.02.2008 carried out in