High Court of Punjab and HaryanaCWP/1918/2015dismissed

Amar Singh v. State Of Punjab And ORS

2016-10-06Mr. Justice Augustine George Masih2 pages

CWP 1918/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:06/10/2016 Amar Singh ............Petitioner vs State of Punjab and others .............Respondents CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Sunny Singla,Advocate for the petitioner.

Ms.Puneet Kaur Sekhon,Addl. AG Punjab for respondents 1 to 3.

Mr.Amrik Singh,Advocate for respondent no.4.

Jaswant Singh,J(Oral) Petitioner-Amar Singh on attaining the age of superannuation stands retired w.e.f. 31.3.2012 from the rank of Lecturer (Punjabi). In the present petition, after five years he is claiming promotion to the post of Principal w.e.f. his junior Nahar Singh-respondent no.4 was promoted as Principal i.e. vide order dated 15.2.2010(P-2) with all consequential reliefs. To show that petitioner is senior to Nahar Singh-respondent no.4, reference is made to final seniority list of Lecturers(Male) circulated on 24.11.2010 (P-1) wherein petitioner stands at Sr.No.1237 and Nahar Singh stands at Sr.No.1569. Both-petitioner and Nahar Singh belong to Scheduled Caste category.

Upon notice reply has been filed on behalf of respondent no.1 wherein it is stated that promotion order dated 15.2.2010 was based on the previous seniority list dated 11.2.2009 in which respondent Nahar Singh was placed senior to the petitioner. However, the seniority list was revised Rajinder Parshad Joshi 2016.10.06 17:32 I attest to the accuracy and integrity of this document

CWP 1918/2015 as per Annexure P-1 in the year 2011 and thereafter both petitioner as well as Nahar Singh do not fall within the zone of promotion to the post of Principal.

In a separate writ petition filed by persons who are sought to be reverted back from the rank of Principal to that of Lecturer, like respondent no.4, stay was granted and on vacation of stay order all will be reverted back.

At the time of hearing,learned counsel for the parties state that the seniority list (P-1) stands further revised in November 2015, wherein the petitioner has been placed junior to respondent no.4-Nahar Singh although the same is subject matter of challenge in a separate writ petition bearing No.26403/2015. However, it is conceded that as far as present writ petition is concerned the basis of the claim of the petitioner as per Annexure P-1 stands removed and therefore, nothing more is to be adjudicated in the present writ petition.

In view of the above, present writ petition stands dismissed as having become infructuous.

06/10/2016 (Jaswant Singh) joshi Judge Whether speaking/ reasoned Yes/No Whether Reportable:

Yes/No Rajinder Parshad Joshi 2016.10.06 17:32 I attest to the accuracy and integrity of this document