Dharmender Singh Budhwar v. State Of Haryana And Others

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.01.10.2019 Dharmender Singh Budhwar

...Petitioner

Vs State of Haryana and another

...Respondents

Present:

Mr. Anurag Jain, Advocate for the petitioner.

Mr. S.K. Nehra, Advocate for the applicant.

Mr. Gaurav Jindal, Addl. A.G., Haryana.

Mr. Kanwal, Goyal, Advocate for HPSC.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) C.M No.240 of 2019 In view of finding rendered in the main case, no order is required to be passed in the application.

Dismissed.

CWP No.32964 of 2018 Written statement filed on behalf of respondent No.2 in court today is taken on record.

Prayer of the petitioner in the present case is as under:- "Civil Writ Petition under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of advertisement No.4 of 2018 dated 14.8.2018 (Annexure P-19) issued by respondent No.2 on the requisition

-2of respondent No.1 for carrying out recruitment to the post of Deputy Director, Fisheries (Class-1), Fisheries Department, Haryana;

AND For issuance of a writ in the nature of prohibition restraining the respondents from not carrying out appointment to the post of Deputy Director, Fisheries (Class-I), Fisheries Department, Haryana."

Concededly, the petitioner has not submitted application for the aforementioned post. As per submission of Mr. Anurag Jain, learned counsel appearing for the petitioner, in view of provisions in the Rules dated 09.03.2016, person holding charge of District Fisheries Officer is eligible directly for promotion to the post of Joint Director, though feeder cadre to the post of Joint Director is Deputy Director Fisheries/District Fisheries Officer. Owing to the pendency of writ petition before the Division Bench laying challenge to the Rules as well as the interim order in the writ petition, whereby proceedings of the Departmental Promotion Committee have been stayed, petitioner was compelled to approach this Court.

This Court vide order dated 17.12.2018, noticing the aforementioned contention, granted status quo with regard to promotion of Deputy Director. Since this Court had already modified the order in the other writ petition bearing No.25420 of 2018, in view of interim order of the Division Bench, I am of the view that grievance of the petitioner no longer subsists as his case for promotion can be considered and also other similarly situated persons, who are in the zone of consideration. No cause

-3of action survives in the writ petition.

Writ petition stands disposed of.

(AMIT RAWAL) JUDGE October 01, 2019 Pankaj* Whether speaking/reasoned Yes Whether reportable No