The court proceeded on a larger side due to changed controversy regarding the operation of a roster system. The petitioner was granted leave to file a fresh petition within one month. The original petition was disposed of.
Leave granted to petitioner to file a fresh petition within one month; original petition disposed.
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I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH
Civil Writ Petition No.13087 - CAT of 2005 (O&M)
DATE OF DECI SI ON: 20.03.2014
S.K. Aggarwal
…..Petitioner
versus
Union of India and others
.....Respondents
CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE HON’BLE MR. JUSTI CE ARUN PALLI
Present: Mr. Sanjiv Bansal, Advocate for the petitioner
Mr. Ankur Pandey, Advocate for
Mr. Ashwanie Kum ar Bansal, Advocate for UOI
Ms. Alka Chatrath, Advocate for U.T., Chandigarh
Mr. Am an Chaudhary, Advocate
SANJAY KI SHAN KAUL, CHI EF JUSTI CE : (Oral)
We have heard learned counsel for the parties at length.
We find that the contours of controversy have changed and, in fact, the petitioner sought to place on record certain information sourced from the department through RTI and, in turn, we called the respondents to file an affidavit in that behalf.
The controversy which now em erges is from the manner in which the rota-quota system is sought to be m ade applicable. It is the say of the petitioner that the roster of the Sub-Divisional Engineers (PH) operates in cycles of 10 vacancies, an aspect not disputed even by the respondent-department. The first two cycles cover 20 vacancies. The
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CW P- 13087 - CAT- 2005
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petitioner, thus, contends that it should be a running roster which in turn may entail that the original ratios may not remain in force and there may be disparity.
On the other hand, it is the contention of the department that as and when a vacancy will arise it will be filled from the category/ source from which the vacancy arises, i.e. , it will be a running roster. It is their submission that the cycle runs only up to 24 posts and thereafter, depending upon the category from which the vacancy arises, the vacancy would be accordingly filled.
The aforesaid controversy is nowhere reflected either in the original petition or from the pleadings on record. This would entail consideration of how the roster operates as also the legal pronouncements in that behalf.
In view of the aforesaid position, it is agreed that the appropriate course of action would be to grant leave to the petitioner to file a fresh petition confined to the manner in which the roster operates, leaving it to the respondent-department to defend the operation of the roster as done by them.
We are, thus, not required to opine on the im pugned judgment one way or the other, as the judgment is predicated on the absence of a vacancy while the controversy in the present case would be over the manner of operation of the roster.
The petitioner is granted one month’s time to file a petition, if so advised.
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CW P- 13087 - CAT- 2005
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The petition accordingly stands disposed of.
Needless to say that since the petitioner has retired quite some time back and the controversy really flows from an earlier grievance, we are sure that Tribunal will make every endeavour to decide the petition as early as possible.
( SANJAY KI SHAN KAUL ) CHI EF JUSTI CE
20.03.2014 ( ARUN PALLI ) parkash* JUDGE
Chand Parkash 2014.03.21 14:31 I attest to the accuracy and integrity of this document
S.K. Aggarwal
Union of India
Sanjay Ki Shan Kaul
Arun Palli
As recorded by the court registry
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