CWP No. 7032 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7032 of 2010 Date of Decision: 21.4.2010 Akhilesh Kumar Roy ....Petitioner. Versus Bhakra Beas Management Board and another ...Respondents. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Shailendra Sharma, Advocate for the petitioner. AJAY KUMAR MITTAL, J. Through the instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 30.3.2010 (Annexure P-12) whereby he has been reverted from the post of Clerk to the post of Peon by respondent No.2. Briefly stated the facts of the case are that the petitioner who is a B.Sc. (Agriculture) and holder of PG Diploma in Computer Application as well as Certificate in Web Design, was appointed as Mali on 18.1.2000 and was posted at Township Division, BBMB, Talwara. He worked as such till 24.7.2007 when he was appointed as Peon. The petitioner was being awarded by the Chief Engineer, Beas Dam, BBMB, Talwara on 26th January of every year from 2001 and on 30.6.2009 on the occasion of Beas Dam Celebration he was awarded appreciation and encouragement certificate. Vide order dated 5.2.2009 (Annexure CWP No. 7032 of 2010 -2- P-3), after the completion of 9 years of service in a cadre, he was granted Ist Time Bound Promotional Scale by the respondents w.e.f. 18.1.2009. The name of the petitioner was mentioned at Sr. No. 28 in the seniority list (Annexure P-4) of qualified Peons/Daftri/Book Binder/Havildar issued by respondent No.2 and in the final seniority list dated 22.6.2009 (Annexure P-5), his name figured at Sr. No. 27 whereas the name of another Peon Saroop Singh figured at Sr. No.34. The petitioner was promoted as Clerk vide order dated 4.8.2009 (Annexure P-6) and was posted against the vacant post at Township Division, Talwara. The said list was amended vide Annexure P-7 and the name of the petitioner was shifted from Sr. No. 27 to 50 whereas that of Saroop Singh was from Sr. No. 34 to 33. Respondent No.2 issued a notice dated 11.1.2010 (Annexure P-8) to the petitioner asking him as to why he should not be reverted back to the post of Peon as he was wrongly promoted to the post of Clerk inasmuch as showing his date of appointment to the post of Peon as 18.1.2000, whereas this is the date when he in fact joined as Mali. The said notice was duly replied by the petitioner vide reply dated 14.1.2010 (Annexure P-9). The petitioner was reverted by respondent No.2 to the post of Peon vide order dated 30.3.2010 (Annexure P-12). Hence, the present writ petition. I have heard the learned counsel for the petitioner and have perused the record with his assistance. Learned counsel for the petitioner could not dispute that the seniority of the petitioner as Peon was wrongly shown at serial No. 27 whereas actually it was to be at serial No. 50 and the petitioner was CWP No. 7032 of 2010 -3- reverted to the post of peon only due to rectification/correction in the seniority list after following the principles of natural justice. In view of the above, this Court is satisfied that there is no illegality or perversity in the order (Annexure P-12) passed by respondent No.2 which may warrant interference of this Court in exercise of its jurisdiction under Articles 226/227 of the Constitution of India. Accordingly, finding no merit in the instant writ petition, the same is hereby dismissed in limine. April 21, 2010 (AJAY KUMAR MITTAL) gbs JUDGE