CIVIL WRIT PETITION No.16918 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CIVIL WRIT PETITION No.16918 of 2009 Date of Decision: July 20, 2011 Arun Kumar Yeluri .......Petitioner Versus State of Punjab and others .......Respondents CORAM:- HON'BLE MS. JUSTICE RITU BAHRI Present: Mr.Gurminder Singh, Advocate for the petitioners. Mr.Ram Lal Gupta, Additional Advocate General, Punjab. <><><> RITU BAHRI, J. The petitioner has filed this petition under Article 226 of the Constitution of India praying for issuance of writ of certiorari quashing the order dated 13.10.2009, whereby he had been held ineligible by the State Government to occupy the post of State Geologist and had been, thus, ordered to be reverted to the lower post i.e. Geophysicist, after a period of over nine years. The plea of the petitioner in this petition is that he had been promoted against a vacant post of State Geologist on the basis of recommendations of a duly constituted Departmental Promotion committee. The petitioner further sought quashing of the order of the State Government whereby promotion of respondent No.3 was made as a consequence of the reversion of the petitioner. However, the said order was set aside by this Court vide order dated 19.1.2009 passed in Civil Writ Petition No.5783 of 2008. It is not in dispute that respondent No.3 is junior to the CIVIL WRIT PETITION No.16918 of 2009 2 petitioner and, thus, he was not entitled for promotion to the post of State Geologist in preference to the claim of the petitioner. During the course of hearing today, learned counsel for the petitioner has placed on record a copy of letter dated 27.6.2011, Annexure A-1, of the petitioner addressed to the Additional Secretary, Industries & Commerce, Punjab conveying that the decision of the State Government was acceptable to him. In support of his stand, the petitioner also furnished his affidavit, Annexure A-II, along with his request and had prayed that necessary promotion orders may be issued. Along with the copy of the letter, the petitioner has also placed on record a copy of the affidavit dated 27.6.2011 whereby it has been solemnly affirmed by him that the offer made by the State Government for promoting him as State Geologist w.e.f. 1.11.2010 on notional basis with consequential benefits from the date he joins, was acceptable to him. Apart from it, the petitioner has also given an undertaking in the said affidavit that he will withdraw the instant writ petition challenging his reversion order dated 13.10.2009. In view of the above, this writ petition is not being pressed at this stage. The same is accordingly dismissed as not pressed. However, the petitioner will be at liberty to make an application before this Court for revival of the petition if anything still survives. Disposed of as such. ( RITU BAHRI ) JULY 20, 2011 JUDGE SRM