N.S.Dhiman & ORS. v. State Of Pb.

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CWP No.3076 of 1998 Date of Decision: 20.11.2024 N.S. Dhiman and others .....Petitioners.

Versus

State of Punjab and others .....Respondents.

CORAM:

HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. Ashwani Kumar Chopra, Senior Advocate with Mr. Damanjeet Singh, Advocate and Ms. Ridhima Khindria, Advocate for petitioners.

Mr. R.S. Pandher, Senior D.A.G, Punjab.

LISA GILL, J.(Oral) 1.

Prayer in this petition is to set aside decision dated 09.07.1997 conveyed vide Annexure P-6 and declaring Rule 8(1)(a)(i) and Note (1) under Rule 10(2) of the Punjab Financial Commissioners' Office (State Service, Class II) Rules, 1967 and further declaring Rule 8(1)(b) of the Punjab Financial Commissioners' Secretariat (Class I) Service Rules, 1986, to be illegal, arbitrary, unconstitutional, ultra-vires and set aside the same as well.

2.

Prayer has also been addressed for directing respondents No.1 and 2 to maintain separate seniority list for Superintendents and Private YAG DUTT 2024.11.27 13:23 I attest to the accuracy and authenticity of this order/judgment

CWP No.3076 of 1998 -2Secretaries working in the office of Financial Commissioners and to direct respondents No.1 and 2 not to fill the posts of Under Secretaries on the basis of Joint Seniority List of Superintendents and Private Secretaries and also to direct respondents No.1 and 2 to amend the above-mentioned Rules accordingly.

3.

Learned Senior counsel for petitioners submits that impugned Rules have, subsequently, been repealed vide notification dated 20.07.2016 with the promulgation of the Punjab Financial Commissioners' Secretariat (Group-A) Service Rules, 2016. Therefore, the present petition is rendered infructuous.

4.

Writ petition is accordingly disposed of as infructuous. (LISA GILL) JUDGE (MEENAKSHI I. MEHTA) November 20, 2024 JUDGE Yag Dutt Whether speaking/reasoned: Yes Whether Reportable:

No YAG DUTT 2024.11.27 13:23 I attest to the accuracy and authenticity of this order/judgment