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High Court of Punjab and HaryanaCOCP/1273/2018dismissed

Shyam Lal v. Rajeev Arora And ANR

2018-04-26Mrs. Justice Raj Rahul Garg2 pages

COCP 1273/2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 1273/2018 Date of decision:26.04.2018.

Shyam Lal ..............Petitioner v.

Rajeev Arora,IAS and another ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.J.K.Goel,Advocate for the petitioner.

Jaswant Singh,J,(Oral).

Petitioner is working as SDE in the Irrigation Department, Haryana. He had filed CWP 2564/2016 challenging some of the provisions including rule of seniority as provided in the Haryana Services of Engineer Group A,Public Engineer Department Act,2009 as applicable to Irrigation Branch as well.

The grievance of the petitioner was that in the promotional post of Executive Engineers, two feeder cadres i.e. Mechanical and Civil side had been grouped and therefore, the chances of petitioner for promotion from the assigned promotional quota had been reduced. The said writ petition alongwith other connected writ petitions was allowed by a Division Bench of this Court vide order dated 12.1.2018. The Hon'ble Division Bench held the provisions whereby two separate cadres i.e. Mechanical and Civil in a singular cadre were held to be bad and therefore, as a result to be a common seniority of Engineers of Mechanical and Civil side as also the promotional quota assigned without creating further division into sub Rajinder Parshad Joshi 2018.04.26 18:29 I attest to the accuracy and integrity of this document

COCP 1273/2018 categories.

Petitioner belongs to Civil side and since some of the Junior Sub Divisional Engineers from the Mechanical side had been promoted to the post of Executive Engineer (Mechanical) during and prior to the filing of the writ petition, the petitioner has now filed the present contempt alleging that the respondents are guilty of contempt of order dated 12.1.2018. The plea of contempt is totally misconceived and misplaced. At this stage,counsel for the petitioner prays for permission to withdraw the contempt petition.

Dismissed as withdrawn.

26.04.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.04.26 18:29 I attest to the accuracy and integrity of this document