Parminder Singh & ORS v. Pepsu Road Transport Corporation & ORS

Manoj Kumar 2016.09.16 16:07 I attest to the accuracy and integrity of this document CWP No.4833 of 2014 (O&M) #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CWP No.4833 of 2014 (O&M) Date of Order: 15.9.2016 Parminder Singh and Ors.

....Petitioners

Versus

Pepsu Road Transport Corp. & Ors.

....Respondents CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. S.K.Sharma, Advocate for the petitioners. Mr. Harsh Aggarwal, Advocate for respondent Nos.1 & 2.

Mr. O.P. Sharda, Advocate for respondent Nos.3 & 4. JASWANT SINGH, J (ORAL) The 23 petitioners were appointed as Conductors on regular basis by way of compassionate appointment by the respondent-Pepsu Road Transport Corporation Ltd (for brevity "PRTC") during the period 2005 to 2007 against the posts available for direct recruitment. Their prayer in the present petition is for issuance of directions to the PRTC for finalizing their inter se seniority with contractual employees. Besides this, they have further prayed for being considered for promotion on the basis of their seniority to the next higher post of Sub Inspectors. The private respondents, namely Santokh Singh and Sanjiv Kumar i.e respondent Nos.3 & 4 respectively, who are contractual employees and apprehending their prior promotion as Sub Inspectors, have been impleaded.

Upon notice, separate replies have been filed by official respondent Nos.1 & 2 and private respondent Nos.3 & 4.

CWP No.4833 of 2014 (O&M) #2# Learned counsel for the respondents-PRTC submits that after the filing of the present petition, a tentative seniority list was circulated and after consideration of the objections, a final seniority list of Conductors has been issued on 24.7.2015. It is submitted that the petitioners have been assigned seniority on the basis of their dates of appointment as Conductors, and therefore, their claim has been accepted; as regards contractual employees, their seniority has been fixed keeping in view the decision rendered by this Court on 22.3.2010 (P.4) in CWP No.8239-40 of 2008 filed by the contractual employees claiming regular appointment with retrospective dates. However, the said seniority of the contractual employees has been made subject to the pending LPA No.1305 of 2010.

Learned counsel submits that on the basis of the seniority finalized, Sangat Singh-petitioner No.7 has been promoted vide order dated 29.4.2015 as Sub Inspector against the Roster Point of Scheduled Castes Category. He, thus, submits that nothing more survives in the present writ petition. In response, learned counsel for the petitioner has conceded that as on today, on the issues raised in view of supervening circumstances, nothing survives for adjudication. In view of the aforesaid, present writ petition is disposed of as infructuous.

September 15, 2016 (JASWANT SINGH) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No