IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 10427 of 2008 (O&M) DATE OF DECISION : AUGUST 11, 2009 PARVESH KUMAR SOOD ....... PETITIONER(S) VERSUS THE STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Ms. Jyoti Sareen, Advocate, for the petitioner(s). Ms. Charu Tuli, Senior DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 10.1.2008 (Annexure P-4), issued by respondent No.2 i.e. Principal Secretary to Government of Punjab, Department of Water Supply and Sanitation, to the extent of giving Additional Current Duty Charge of the post of Sub Divisional Engineer to Civil Writ Petition No. 10427 of 2008 (O&M) 2 respondent No.4 i.e. Shri Surinder Kumar, who is stated to be junior to the petitioner. Further prayer made in the petition is for quashing order dated 5.11.2007 (Annexure P-5), passed by respondent No.2, to the extent of giving Additional Duty Charge to respondent No.5 i.e. Shri Jasbir Singh Walia, who does not possess the degree of Engineering required for promotion on the post meant for direct quota. The prayer made in the petition is also for issuance of a writ in the nature of mandamus directing the respondents to consider and grant Additional/Current Duty Charge of the post of Sub Divisional Engineer to the petitioner, who is fully eligible under the Rules to serve as a Sub Divisional Engineer. Learned counsel for the respondent-State has pointed out that the petitioner has already been given Current Duty Charge of the post of Sub Divisional Engineer on 29.1.2009 (Annexure R-6). It has further been stated that the respondent-State has taken a policy decision to give Current Duty Charge in terms of seniority of the officials and in accordance with departmental rules. In case, Current Duty Charge is required to be withdrawn, a person junior to the petitioner would be required to be relieved of the charge. The statement has been made on instructions from Shri L.D. Sharma, Senior Assistant, Office of Joint Secretary, Water Supply Department, Civil Secretariat, Punjab. Learned counsel for the petitioner states that the petition, in view of the aforesaid development, be allowed to be withdrawn with liberty to the petitioner to approach this Court, in case, Current Duty Charge is withdrawn from the petitioner, however, a person junior to the Civil Writ Petition No. 10427 of 2008 (O&M) 3 petitioner is allowed to continue with the Current Duty Charge of the post of Sub Divisional Engineer. Dismissed as withdrawn with liberty as prayed for. August 11, 2009 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?