State Of Punjab And Others v. Ashok Kumar And Others

218 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-3194-LPA-2018 in/and LPA-1188-2018 (O&M) Date of Decision: December 02, 2024 State of Punjab and others ... Appellants

Versus

Ashok Kumar and others

...Respondent

CORAM:

HON'BLE MRS. JUSTICE LISA GILL HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Rohit Ahuja, Deputy Advocate General, Punjab for the appellants.

Ms. Neha Jain, Advocate for Mr. K.S. Dadwal, Advocate for the respondents. LISA GILL , J.(Oral) CM-3194-LPA-2018 For the reasons mentioned in the application, delay of 23 days in filing the present appeal is condoned. Application is disposed of accordingly.

LPA-1188-2018 (O&M) 1.

Prayer in this appeal is for setting aside interim order dated 01.06.2018 passed in CM-4443-CWP-2018 in CWP-1388-2010 filed by the respondents/writ petitioners.

2.

Prayer in the writ petition was for directing respondents to consider and promote the petitioners to the post of Superintending

2024:PHHC:160291-DB CM-3194-LPA-2018 in/and LPA-1188-2018 (O&M) - 2 - Engineer with all consequential benefits. They also prayed for setting aside decision dated 23.12.2009 and communication dated 14.01.2010. 3.

Learned Single Bench vide impugned order dated 01.06.2018 directed DPC to be conducted forthwith and to consider the case of writ petitioners for promotion to the post in question, i.e. Superintending Engineer from the date of accrual in the year 2010 and in subsequent years while taking in consideration the three vacancies as mentioned. It was clarified that promotion so made shall be subject to final outcome of the writ petition. This order was subjected to appeal in present proceedings by the State of Punjab by taking a plea that this order amounts to allowing the writ petition itself. Notice of motion was issued in this appeal on 02.08.2018. Operation of impugned order dated 01.06.2018 was stayed. Proceedings of CWP-1388-2010 were also stayed. 4.

Learned counsel for the State while referring to affidavit dated 07.01.2021 and subsequent affidavit dated 30.11.2022 submits that as on date out of 20 petitioners, 11 have been promoted on their own turn to the post of Superintending Engineer; 08 of them have retired and 01 has unfortunately passed away. This fact is affirmed and verified by learned counsel for the respondents/writ petitioners. 5.

Learned counsel for the parties are ad idem that impugned order dated 01.06.2018 be set aside and the matter be heard on merits by learned Single Bench.

2024:PHHC:160291-DB CM-3194-LPA-2018 in/and LPA-1188-2018 (O&M) - 3 - 6.

Keeping in view the facts and circumstances as above, impugned order dated 01.06.2018 is set aside. Present Civil Writ Petition of the year 2010 be listed for hearing and final disposal as per roster promptly.

Appeal is accordingly disposed of.

Pending application(s) if any, stand(s) disposed of as well. (LISA GILL) JUDGE (DEEPAK GUPTA) JUDGE December 02, 2024 sarita Whether reasoned/speaking: Yes/No Whether reportable:

Yes/No