CWP No.1471-CAT of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.1471-CAT of 2007 DATE OF DECISION: February 5, 2009 CHANDIGARH ADMINISTRATION AND OTHERS ...PETITIONERS VERSUS DALBIR SINGH & ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MS. JUSTICE NIRMALJIT KAUR. PRESENT: NONE FOR THE PETITIONER. MR. H.S. SAINI, ADVOCATE FOR RESPONDENT NO.1. ASHUTOSH MOHUNTA, J.(ORAL) The petitioners are aggrieved by the order (Annexure P-3) dated 18.4.2006, whereby the order of reversion of respondent No.1 has been quashed as also the seniority list of Upper Division Clerks (UDC). The facts in brief are that respondent No.1 Dalbir Singh joined the Electricity Department on 9.8.1976, as Lower Division Clerk (LDC). On 19.1.1988, respondent No.1 was promoted as Upper Division Clerk (UDC) on provisional basis subject to his passing the departmental accounts examination. Respondent No.1 qualified the departmental accounts examination and was regularized w.e.f. 11.1.1991, as Upper Division Clerk (UDC). As a result of being regularized as Upper Division Clerk (UDC) after clearing the departmental accounts examination, respondent No.1 became entitled to be promoted to the post of Assistant Revenue Accountant in the year 1993. He was, however, promoted on 10.2.2004, on ad hoc CWP No.1471-CAT of 2007 -2- basis. A tentative seniority list was also prepared in which respondent No.1 was shown senior. However, it transpired that Sh. Rattan Chand and Lal Chand whose names figured at S.No.12 & 13 were ignored for promotion to the post of Assistant Revenue Accountant whereas, the respondent No.1 who was at S.No.14 was promoted and therefore, the Chief Engineer, Union Territory passed the order dated 31.10.2005, reverting the petitioner from the post of Assistant Revenue Accountant to the post of Upper Division Clerk. This order was challenged by the petitioner by filing Original Application before the Central Administrative Tribunal which was disposed of with a direction to the petitioners to prepare a final seniority list in terms of the rules after giving due opportunity to all the affected parties to file their representations. It is against this order that the present writ petition has been filed. This Court vide order dated January 30, 2007 had directed the petitioners the re-determine the seniority on the basis of statutory rules without reference to the observations made by the Tribunal in paras 7 & 8 of the impugned order. In pursuance to the aforementioned order, a final seniority list of the Upper Division Clerks of Electricity 'OP' Circle, as it stood on 28.2.2007, has been prepared and has been placed on record as Mark 'A' by the counsel for the respondent No.1. As per seniority list, respondent No.1 has been shown at S.No.4. The names of Rattan Chand and Lal Chand have not been shown in the seniority list as they have retired prior to finalization of the seniority list. In furtherance to preparation of the seniority list, the Chief Engineer on recommendations made by the Departmental Promotion Committee (DPC) (Class-III) regularized the ad CWP No.1471-CAT of 2007 -3- hoc promotion of respondent No.1 as Circle Assistant/Assistant Revenue Accountant w.e.f. 10.2.2004. Thereafter respondent No.1 has been further promoted to the post of Internal Auditor in the pay scale of Rs.6300-10700/- vide order dated 6.2.2008. As the orders passed by the Central Administrative Tribunal (Annexure P-3) have already been complied with and implemented and respondent No.1 has been promoted to the post of Assistant Revenue Accountant and thereafter to the post of Internal Auditor, therefore, this writ petition has virtually been rendered infructuous and the same is dismissed as such. (ASHUTOSH MOHUNTA) JUDGE February 5, 2009 (NIRMALJIT KAUR) Gulati JUDGE