IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1206 of 2008(O&M) Date of Decision: 8.5.2008 Balbir Singh Dalal and others Petitioners Versus State of Haryana and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE K.C.PURI Present: Shri Sanjeev K.Tamak, Advocate for the petitioners Shri Harish Rathee, Sr. D.A.G. Haryana for the respondents Shri R.K.Malik, Sr.Advocate with Shri Parveen Kumar, Advocate Jasbir Singh, J. (Oral) By filing this writ petition, the petitioner has laid challenge to the order dated 23.11.2007 (P/13) and also to the order dated 10.1.2008 (P/15), vide which, promotion was granted to some officers in the cadre to the post of Executive Engineer. When notice of motion was issued on 25.1.2008, following contention of counsel for the petitioner was noticed by this Court:- “While disposing of CWP No.20668 of 2006 on 30.11.2007, it was specifically ordered by this Court that till final seniority list is circulated, benefit of promotion be not granted to any of the member of the cadre. Order (Annexure P/13) indicates that promotion, from the post of Sub Divisional Officer, was given to 6 officers in the cadre to the post of Executive Engineer and further vide order (Annexure P/15), current duty charge was given to Sub Divisional Officer, without Civil Writ Petition No.1206 of 2008(O&M) circulating the final seniority list. Order (Annexure P/13) is a clear violation of the order passed by a Division Bench of this Court on 30.11.2007 and vide order (Annexure P/15), indirectly an attempt has been made to circumvent the order, mentioned above.” As on today, admittedly, final seniority list has been published. However, counsel for the petitioners states that seniority list has not been prepared as per the service rules. Be that as it may, the petitioners may lay challenge to the seniority list, as per law. Shri Rathee very fairly states that so far as orders Annexure P/13 and P/15 are concerned, these shall be deemed to have been withdrawn and liberty be granted to the State to pass fresh orders as per the seniority list and service rules. In view of facts mentioned above, we dispose of this writ petition, giving liberty to the petitioners to lay challenge to the final seniority list, as per law and allowing the State to pass fresh orders, promoting any eligible officer, as per service rules. In view of order passed in the writ petition, all pending Civil Miscellaneous applications stand disposed of. (Jasbir Singh) Judge May 08, 2008 (K.C. Puri) gk Judge 2