Civil Writ Petition No. 13159 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 13159 of 2010 Date of decision:-02.08.2011 Sukhwinder Pal ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. R.K. Chopra, Sr. Advocate with Ms. Heena Talwar, Advocate for the petitioner. Mr. Ram Lal Gupta, Addl.A.G. Punjab. Mr. Saurabh Goel, Adovcate for respondent Nos.4 and 5. RITU BAHRI J.(Oral) The petitioner has been appointed as Patwari on 08.1.1992 thereafter he was promoted as Kanungo in Patiala district on 29.5.1997. On 31.10.2003 the petitioner was given the charge of Sadar Kanungo in addition to his own duties as Kanungo. On 19.4.2006 District Mohali was carved out vide Annexure P-5, from Patiala. As per the tentative seniority list in District Patiala (Annexure P-7) dated 10.7.2006 petitioner Sukhwinder Pal was senior to the respondents No.4 and 5 namely Harchand Singh and Hari Singh. On bifurcation of District Mohali a tentative seniority list of Kanungo was issued Vide Annexure P-9 dated 10.9.2007. In this list petitioner was shown senior at No.1. Vide order Civil Writ Petition No. 13159 of 2010 -2- dated 10.11.2006 he was regularly promoted as Sadar Kanungo (Annexure P- 11). The respondents have filed a writ petition No.17102 of 2007 seeking the benefit of seniority on account of promotion against reserved vacancy under the policy instructions dated 15.12.2005. These instructions were to come into operation w.e.f. 17.11.2003 and it was decided that Scheduled Caste employees promoted to any class or classes of posts under the reservation policy, will be prospectively entitled to consequential seniority on the post fo which they are promoted. In view of the fact that the petitioners have been promoted on 25.6.1991, 13.11.1992 and 13.11.1992, no benefit under the instructions dated 15.12.2005 will be given to them, on this count the writ petition was dismissed. Thereafter, a tentative seniority list was circulated by SAS Nagar Mohali on 4.11.2008. As per this list petitioner was shown to be at Serial No.1. The final seniority list (Annexure P-12) was circulated on 04.11.2008. The respondents challenged the seniority by filing representations (Annexures R-4/2 and R-4/3) and finally (Annexures R-5 and R-6). The respondents have filed a writ petition No.79 of 2010 in which directions were given to the Department to decide their representations. Eventually vide order dated 12.4.2010 (Annexure P-15) was passed whereby the petitioner was placed at serial No.3 and respondents were placed at Serial Nos.1 and 2. The petitioner has filed an appeal against this order, which is pending for consideration before the Commissioner Patiala Division. During the pendency of this appeal the petitioner has been reverted from the post of Kanungo vide order dated 22.7.2010 (Annexure P-17). His promotion has been cancelled and he was to continue the work as Sadar Kanungo till regular promotion is made (Annexure P-20). Civil Writ Petition No. 13159 of 2010 -3- After hearing counsel for the parties, a direction is being given to the respondents to decide the appeal of the petitioner within a period of three months from the date of receipt of certified copy of this order. Till then petitioner will work as Sadar Kanungo as per (Annexure P-20). Disposed of. August 02, 2011 ( RITU BAHRI ) Vijay Asija JUDGE