CWP No.21547 of 2008 -1- In the High Court of Punjab and Haryana at Chandigarh. Date of decision:02.02.2009. (1) CWP No.21547 of 2008 Sudesh Kumar Passi and others ... Petitioners Versus State of Punjab and another ... Respondents (2) CWP No.1616 of 2009 Pushap Varsha and others ... Petitioners Versus State of Punjab and another ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.RK Chopra, Senior Advocate, with Mr.Amit Chopra, Advocate, for the petitioners in CWP No.21547 of 2008 Mr.Amrjit Markan, Advocate, for the petitioners in CWP No.1616 of 2009. Mr. BS Chahal, Senior DAG, Punjab, for the respondents. PERMOD KOHLI, J. (Oral): I have heard the learned counsel for the parties at length. Since questions of law and facts which relate to the seniority in the cadre of Lecturers (School Cadres), are involved in these two writ petitions, they are being disposed of by this common order. The facts are taken from CWP No.21547 of 2008. CWP No.21547 of 2008 -2- Earlier tentative seniority list was notified and after inviting objections and taking them into consideration, a final seniority list was circulated vide office letter dated 06.05.2008, Annexure P-2. However, in the meeting of Departmental Promotion Committee held on 12.06.2008, the D.P.C. seems to have recommended for fresh objections regarding the final seniority list. Some of the petitioners filed Civil Writ Petition No.14365 of 2008 before this Court which came to be disposed of by a Division Bench of this Court with the following observations:- “In view of the facts and circumstances of the case, we dispose of this writ petition by issuing directions to the Secretary to Government, Punjab, Department of Education at Chandigarh to decide objections filed by the petitioners before making any promotion to the post of Principal. It is made clear that if, in case, on account of admissible requirement, it is necessary to make any promotion, same be made provisionally on the basis of seniority list already finalized and circulated on 6.5.2008 subject to the ultimate outcome of decision of objections filed against tentative revised seniority list.” Thereafter, the respondents notified another tentative seniority list, dated 04.12.2008,Annexure P-6. This seniority list has been put on the web site of the department and objections have been called. CWP No.21547 of 2008 -3- In the present petition, the petitioners are also the objectors along with many others. The petitioners have filed this petition seeking a direction for finalisation of the seniority list in accordance with law. In the short affidavit dated 02.02.2009 which has been filed today in Court by the respondents, the stand taken is that the objections are solicited from the concerned in respect to the tentative seniority list dated 04.12.2008 and the last date for receipt of the objections was 19.12.2008 which is already over. The respondents seeks some more time to finalise the seniority list of Lecturers after taking into consideration various objections filed by the concerned persons. It has also been stated in the affidavit that till the seniority is finalised, no promotion to the posts of Principals shall be considered on the basis of tentative seniority list as apprehended by the petitioners. In view of the stand taken by the respondents, these petitions are disposed of with a direction to the respondents to finalise the seniority list of the Lecturers (School Cadre) within a period of three months from today and notify the same on the web site of the department or by any other suitable mode. The seniority list shall also be circulated in the schools and till the seniority list is finalised and circulated, no further promotion shall be made on the basis of tentative seniority list already notified. 02.02.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO CWP No.21547 of 2008 -4-