CWP No.10557 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 10.3.2010 Satbir Singh and another ...Petitioners VERSUS The State of Haryana & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.JS Maanipur, Advocate for the petitioner Mr.RKS Brar, Addl.A.G., Haryana Mr.DS Rawat, Advocate for respondent no.5 Permod Kohli, J. (Oral) The petitioners and private respondents are all working as Junior Engineers in the Panchayati Raj Department. The grievance of the petitioners is that the private respondents who were junior to them in the seniority list have been given the Current Duty Charge ignoring the claim and rights of the seniors. In the reply filed, it is stated that there is a quota fixed for different categories for promotion and 50% posts were filled up by direct recruitment. It is further stated that on account of direction issued by this Court vide order dated 27.4.2009 passed in CWP No.4115 of 2002 and CWP No.10557 of 2009 2 other connected matters, the seniority list is being revised/issued afresh. Mr.Brar submits that on revision of the seniority list, the post against which Current Duty Charge is given shall be filled up on regular basis by considering the eligible candidates for promotion. It appears that Current Duty Charge remained with the juniors for a considerable time which is itself violation of Article 14 and 16 of the Constitution of India. In view of the totality of the circumstances, this petition is disposed of with the following directions:- 1)Seniority of Junior Engineers shall be finalized within a period of four months. 2)On finalization of the seniority, promotion shall be made for all available vacant posts of Sub Divisional Engineer for promotional quota in the Panchayati Raj Department within a period of two months thereafter by according consideration to all the eligible candidates, in accordance with the rules. On expiry of six months, all Current Duty Charge shall cease to exist irrespective of the fact whether the promotions are made or not. (PERMOD KOHLI) JUDGE 10.3.2010 MFK