COCP No. 2270 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No. 2270 of 2010 (O&M) Date of decision:- 9.12.2010 Satpal Singh ......petitioner vs. Arun Goel ......respondent CORAM:- HON'BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. B.R. Mahajan, Advocate for the petitioner HEMANT GUPTA, J (ORAL) The writ petition filed by the petitioner was disposed of on 27.4.2010 with the direction to the respondents to consider the claim of the petitioner for promotion, as per his seniority amongst the AMIE qualified Junior Engineers. The promotion case was to be placed before the Departmental Promotion Committee, if it is so warranted. In pursuance of the said direction, an order was passed on 18.10.2010 (Annexure P-7) wherein, it has been found that the petitioner is claiming promotion on the basis of promotion of respondent No. 3-Raghbir Singh in the writ petition but the petitioner and the said Raghbir Singh belong to two different categories. The seniority and quota for promotion is also separate. Therefore, the petitioner cannot claim promotion on the basis of promotion of respondent No. 3-Raghbir Singh. It has also been found that there is no vacancy available in the promotion quota amongst AMIE category in terms of the decision of the Hon'ble Supreme Court interpreting new Punjab Irrigation Department (Group-'A') Service Rules, 2004. It is contended that whenever quota prescribed under the Punjab Irrigation COCP No. 2270 of 2010 -2- Department (Group-'A') Service Rules, 2004 will be available, the petitioner will be considered along with the other employees. Learned counsel for the petitioner has vehemently argued that the grievance of the petitioner, in the earlier writ petition filed in the year 2004 and later in the writ petition filed in the year 2005, was in respect of promotion of juniors from the category of AMIE (Junior Engineers). Therefore, the decision of the competent authority declining the promotion of the petitioner for the reasons that the quota is not available is not tenable. In contempt jurisdiction, the merits of the order cannot be examined. The order of this Court was to consider the claim of the petitioner for promotion as per his seniority and if he is found entitled for promotion, only then his case shall be placed before the Departmental Promotion Committee. The State Government has passed an order that the petitioner is not entitled to be promoted and therefore, the case of the petitioner is not worth consideration in the meeting of Departmental Promotion Committee. Such is the order passed by the State Government is subject to interpretation of the Rules of seniority. In view of the said fact, I do not find any case is made out for initiation of the contempt proceedings. The petition is dismissed. However, it shall be open to the petitioner to challenge the order 18.10.2010 in accordance with law. Dismissed with liberty aforesaid. (HEMANT GUPTA) JUDGE 9.12.2010 preeti