HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.1790 of 2009 (O&M) Date of Decision: 30.06.2010 **** Surinder Singh . . . . Petitioner VS. Punjab Engineering College and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Arun Nehra, Advocate for the petitioner Mr. R.S. Bains, Advocate for respondent No.1 & 2 Mr. Saurav Khurana, Advocate for respondent No.3 & 4 ***** SURYA KANT J. (ORAL) (1). In this Civil Writ Petition, the petitioner has two- fold grievance. Firstly, he seeks a writ of quo warranto against appointment of the 5th respondent as Projects Manager in the Centre for Computational Engineering; and secondly he seeks a mandamus to direct the official respondents to consider him for promotion to the afore-stated post of Projects Manager. CWP No.1790 of 2009.doc (2). The petitioner is working as a Design-cum-Field Engineer in the Centre for Computational Engineering (CCE) from last over 7 years and asserts his preferential right to be considered for promotion to the post of Projects Manager. (3). It is pointed out by the learned counsel for the parties that 5th respondent has already resigned and resultantly the post of ‘Project Manager’ has again fallen vacant. The petition qua the first relief sought by the petitioner is, thus, rendered infructuous. (4). Ordered accordingly. (5). Mr. R.S. Bains, learned counsel for the Punjab Engineering College, Chandigarh, under whose auspices the Centre for Computational Engineering is running, fairly states that notwithstanding the stand taken in their reply before this Court regarding eligibility of the petitioner, the competent authority would have no objection to consider the petitioner for promotion to the post of ‘Projects Managers subject to fulfillment of the conditions laid down in the guidelines/criteria laid down for the said post. He further points out that the post of ‘Projects 2 - CWP No.1790 of 2009.doc Manager’ or for that matter even other posts in the Centre for Computational Engineering are not ‘regular posts’, and are sanctioned on temporary basis subject to the availability of funds under different Projects executed/undertaken by the Centre. (6). In this view of the matter, the writ petition is disposed of with a direction that let the claim of the petitioner for promotion as ‘Projects Manager’ be considered objectively as per the criteria already laid down by the respondents within a period of three months from the date of receipt of a certified copy of this order. (7). Since respondents No.1 &2 are inclined to consider the petitioner’s claim, as noticed above, let the post of Projects Manager be not filled up by direct recruitment. (8). Ordered accordingly. (9). Dasti . (SURYA KANT) JUDGE 30.06.2010 vishal shonkar 3 -