Petition for certiorari mandamus against government instructions regarding vacant engineer posts and current duty charges. Court disposed matter as infructuous following respondent counsel's undertaking to fill posts by promotion within one month.
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-IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.10462 of 2009 Date of Decision: November 13, 2009
Ashok Kumar & Others State of Punjab & Others
VERSUS
.....PETITIONER(S)
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. Deepak Sibal, Advocate, for the petitioners. Ms. Charu Tuli, Senior Deputy Advocate General, Punjab. Mr. Tushar Sharma, Advocate.
. . .
AJAI LAMBA, J (Oral)
This petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari, quashing Instructions dated 5.6.2009 (Annexure P-2). Further prayer is for issuance of a writ in the nature of mandamus directing the respondents to make regular promotion to the posts of Superintendent Engineers which are lying vacant.
CWP No.10462 of 2009 [2]
It has been pleaded that in case current duty charge is to be given, the same be given as per Instructions dated 19.4.2005 (Annexure P-1).
Instructions dated 19.4.2005
(Annexure P-1) issued by the Department of Personnel, Government of Punjab, essentially provide that current duty charge against vacant posts can be given on the basis of seniority to only those officers/ officials who are eligible for the posts in all respects and are having requisite qualification/ experience as per the requirement of the service rules framed by the concerned department.
Under Instructions dated 5.6.2009
(Annexure P-2) also issued by the Department of Personnel, Government of Punjab, the ground reality has been considered. It has been considered that under Instructions, Annexure P-1, current duty charge can be given only to the persons who can be promoted as per rules. The posts under the circumstances are lying vacant and the work on the related projects is suffering. Considering the facts and
circumstances, vide Annexure P-2, certain conditions have been relaxed. Vide Annexure P-2, essentially, it has been provided that current
CWP No.10462 of 2009 [3]
duty charge can be given on the basis of seniority to those officers who are fulfilling all the conditions of service rules for promotion to the post except the requisite experience.
Learned counsel for the respondentState has taken a very fair stand, on instructions from Mr. Narinder Pal Singh, Senior Assistant, Office of Irrigation Department, Punjab, that the Departmental Promotional Committee shall meet for promotion to the posts of Superintending Engineers within a period of one month from today. Only after filling the posts by promotion, the issue of giving current duty charge shall be considered, however, after laying down a reasonable criteria.
In view of the statement of learned counsel for the respondent-State, learned counsel for the petitioner states that cause of action does not survive.
The petition is disposed of as
infructuous.
(AJAI LAMBA)
November 13, 2009 JUDGE
avin
CWP No.10462 of 2009 [4]
Ashok Kumar & Others
State of Punjab & Others
AJAI LAMBA
As recorded by the court registry
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