CWP No.13242 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.13242 of 2009 Date of Decision: 02.03.2010 **** Ajmer Singh and others . . . . Petitioners VS. State of Punjab and another . . . . Respondents **** CWP No.13017 of 2009 Date of Decision: 02.03.2010 **** Prem Sagar . . . . Petitioner VS. State of Punjab and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. P.K. Goklaney, Advocate for the petitioners Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). This order shall dispose of CWP No. 13242 & 13017 of 2009 as common questions of law and facts are involved in both cases. The petitioners are retired Superintendents Gr-II from the Department of Irrigation Works, Government of Punjab. They were promoted as Superintendent Gr-II initially on Current- CWP No.13242 of 2009.doc - 2 – Duty-Charge basis (CDC) vide office order dated 20.08.1998 (Annexure P2). Thereafter, they were granted the regular pay-scale of Rs.6400-10640 vide order dated 16.02.2001 in a way regularizing their promotions as Superintendent Gr-II. The petitioners continued to hold the above-stated promotional posts till they retired on attaining the age of superannuation. (2). The petitioners have now been served with the impugned orders dated 08.07.2009 (Annexure P6), whereby, the initial orders giving them CDC/promotion as Superintendent Gr-II, have been withdrawn. In other words, the petitioners have been ordered to be reverted, retrospectively. (3). There can indeed be no denial to the fact that the impugned order visits the petitioners with civil consequences and it is also bound to adversely affect their retiral benefits including the monthly pension etc. The same could not have been therefore passed without affording an opportunity of hearing to the petitioners, especially when the reversion is stated to be an outcome of re-shuffle in the seniority list of feeder cadre. CWP No.13242 of 2009.doc - 3 – (4). Consequently, the writ petitions are allowed to the extent that the impugned order dated 08.07.2009 (Annexure P6) is directed to be treated as a show cause notice only to which the petitioners may submit their objections/response, if so desired, within a period of one month from the date of receipt of a certified copy of this order. The competent authority shall thereafter, examine the matter, objectively and pass appropriate speaking orders in accordance with the law. Till such time, the petitioners shall continue to draw their retiral benefits as were fixed at the time of their retirement(s). (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 02.03.2010 vishal shonkar