CWP No. 4341 of 2008 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 4341 of 2008 Date of Decision: 9.5.2008 Satinder Khajuria ....Petitioner Versus Chandigarh Administration and others ....Respondents Coram: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE MOHINDER PAL Present: Shri Yogesh Putney, Advocate, for the petitioner. Ms. Deepali Puri, Advocate, for respondent No.2. Shri Puneet Gupta, Advocate, for the private-respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The petitioner challenges the order dated 13.3.2008, whereby the petitioner, who was promoted as Sub Divisional Engineer on adhoc basis, was repatriated to the post of Junior Engineer, while making substantive promotion to the post of Sub Divisional Engineer from amongst the Junior Engineers/Draftsman. It is the case of the petitioner that though the persons, who have been promoted as Sub Divisional Engineers are seniors, but certain Junior Engineers, who are junior to the petitioner, have been given current duty charge of the post of Sub Divisional Engineer, therefore, the petitioner, who is senior has been discriminated with and thus, the action of the respondents in giving current duty charge to the juniors without giving the same to the petitioner, is illegal and arbitrary. In reply, it has been pointed out that the total cadre of Sub Divisional Engineers consists of 16 posts, whereas three posts were created on 12.12.2007. Out of the said 16 posts, 6 posts came to the CWP No. 4341 of 2008 (2) quota of promotion of the Junior Engineers. The persons, who have been promoted have been mentioned in para No. 16 of the written statement filed on behalf of the private respondents. Still further, it has been pointed out that out of the additionally created posts, the 7th post of the Sub Divisional Engineer is to be filled from the promotion quota, but as per the policy of reservation, the said post is reserved for the Scheduled Castes category. Therefore, the petitioner, who has no chance of promotion on the basis of his seniority and qualification, cannot make any grievance in respect of the current duty charge given to the degree holders though junior to the petitioner. Having heard learned counsel for the parties, we do not find any merit in the present writ petition. Though it cannot be said that current duty charge is to be given as per the seniority, but the quota of promotional posts from amongst the Junior Engineers, stands already exhausted. The sole post, which remains to be filled is that of reserved category. The other posts are of the direct recruit quota for which degree is the basic qualification. Therefore, if the current duty charge has been given to the degree holder Junior Engineers, it cannot be said that any right of the petitioner has been infringed, which may entitle him to invoke the extra-ordinary writ jurisdiction of this Court. Consequently, the present writ petition is dismissed. (HEMANT GUPTA) JUDGE (MOHINDER PAL) JUDGE 9.5.2008 ds