IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 13.12.2010 COCP No.2065 of 2010 Jagmail Singh ...Petitioner Versus C.Roul and another ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Kapil Kakkar, Advocate, for the petitioner. Mr. G.S.Cheema, Sr. DAG, Punjab, for the respondents. HEMANT GUPTA, J. (Oral) The petitioner filed a writ petition claiming posting as Assistant Education Officer (AEO) being senior-most eligible Physical Training Master (DPE). An affidavit was filed in letters patent appeal by the Principal Secretary to Government of Punjab, Department of School Education, pointing out that there was no direct recruitment has taken place to fill up the posts of Assistant Education Officer (Physical Training) and that Department of Education has made an administrative arrangement of putting one of the Physical Training Masters (DPE) based on their competency to manage these posts, because both the posts carry similar pay scales. It has been further pointed out that the Government has taken a policy decision that till these vacancies are filled up through direct recruitment, the Physical Training Masters (DPE) shall be posted against the vacancies of Assistant Education Officer (Physical Training) based on seniority-cum-merit, to be chosen by a Committee constituted for this purpose. COCP No.2065 of 2010 In pursuance of such affidavit, the letters patent appeal was disposed of by holding that it would be just and appropriate if the entire matter with regard to the claim of appellant and respondent No.4 for being posted in the post of AEO is once again considered. Mr. Cheema has produced a copy of the office order dated 09.12.2010, whereby the Assistant Education Officers have been designated on the basis of seniority-cum-merit. Learned counsel for the petitioner argues that though the said order is in terms of the order passed by this Court, but Ms. Nargis Arora, whose name appears at Sr.No.7 of the office order, is attaining the age of superannuation soon and the resultant vacancies may not be filled up on the basis of criteria disclosed in the affidavit filed by the Principal Secretary to Government of Punjab. The argument of Mr. Kakkar is based upon apprehensions. An affidavit has been filed by the Principal Secretary to Government of Punjab, Department of School Education that the posts of Assistant Education Officer shall be filled up on the basis of seniority-cum-merit in letters patent appeal. In view of the said fact, I do not find that any case is made out to continue with the present contempt petition. The same is disposed of as having been rendered infructuous. 13.12.2010 (HEMANT GUPTA) Vimal JUDGE 2