IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.10442 of 2009 Date of Decision: September 10, 2009 Sunita Rani & Another .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Sanjeev Pandit, Advocate, for the petitioners. Mr. B.S. Chahal, Deputy Advocate General, Punjab, for respondent Nos.1 to 3. None for respondent No.4 . . . AJAI LAMBA, J (Oral) This petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari, quashing Order dated 5.9.2008 (Annexure P-5) passed by the Deputy Commissioner, Fatehgarh Sahib and Order dated 29.6.2009 (Annexure P-8) passed by the Divisional Commissioner, Patiala Division, Patiala. Further prayer is for issuance of a writ in the nature of mandamus directing the respondents to revert CWP No.10442 of 2009 [2] respondent No.4 to the post of Steno-typist from post of Senior Scale Stenographer because he belongs to General Category. Promotion of a person to the post of Senior Scale Stenographer from General Category is against the policy of reservation. Under Annexure P-5, private respondent (No.4) was promoted as Senior Scale Stenographer. Under Annexure P-8, the appeal filed by the petitioner and others has been dealt with. Deputy Commissioner, Fatehgarh Sahib has been directed that before appointment of Senior Scale Stenographer, a joint seniority list of all Steno-typists be prepared and after holding a test of employees, promotion be made by following procedure in the light of instructions and rules. Stand of learned counsel for respondent Nos.1 to 3 is that respondent No.4 has been reverted to the post of Steno-typist. In accordance with the instructions of Commissioner, Patiala Division, Patiala, seniority list would be finalised. So as to make exact reference, relevant portion of reply is extracted herebelow:- “It is respectfully submitted that the petition filed by petitioners is premature as the respondent No.2 i.e. Deputy Commissioner, Fatehgarh Sahib has made compliance of the order dated 29.6.2009 passed by the Commissioner, Patiala Division Patiala and respondent No.2 has already reverted Sh. Randhir Singh (Respondent No.4) vide order CWP No.10442 of 2009 [3] No.111/EA Dated 12-8-2009 from the post of Senior Scale Stenographer to his original post of steno typist. It is also worthwhile to mention here that after reverting respondent No.4 the office of respondent No.2 has issued a tentative seniority list of all the steno typists vide No.2305-07/EA Dated 20-8-2009 and has invited the objections of concerned employees. On receipts of objections and after giving the personal hearing to the concerned employees, the seniority list will be finalized and after that promotion of Senior Scale Stenographer will be made according to government instructions and adopting the proper procedure.” Considering the prayer made on behalf of the petitioner and the stand of the learned counsel for the respondents as extracted above, no cause of action survives in this petition. The petition is disposed of as infructuous. (AJAI LAMBA) September 10, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?