CWP No. 5157 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5157 of 2007 DATE OF DECISION: August 19, 2010 Engineer Surinder Pal Singh .........PETITIONER(S) VERSUS State of Punjab and others ......RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Pawan Kumar, Sr. Advocate, with Mr. Saqib Ali Khan, Advocate, for the petitioner(s). Mr. B.S. Chahal, DAG, Punjab. Mr. Rajinder Sharma, Advocate, for respondent no. 3. AJAI LAMBA, J. (ORAL) 1. This civil writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing order Annexure P-8 dated 28.03.2007 issued by respondent no. 1 i.e. State of Punjab through Secretary to Government of Punjab, Power Department (Energy Branch). 2. By virtue of impugned order, for filling up the post of Executive Engineer by promotion from amongst Assistant Electrical Inspectors, the post was reserved for a member of Scheduled Caste. Learned counsel for the petitioner and respondent no. 3 contend that the petitioner as also respondent no. 3, both have been promoted and, therefore, CWP No. 5157 of 2007 2 the issue in regard to promotion is not alive any more as the cause of action does not survive and the matter has been rendered infructuous. 3. Learned counsel for the petitioner and the private respondent contend that the issue in regard to fixation of seniority remains alive. 4. It is directed that the respondents would hear the petitioner and the private respondent, and any other person who might be affected by declaration of seniority on the post of Executive Engineer, and thereafter pass a reasoned order. 5. Disposed of with the above directions. 19.08.2010 (AJAI LAMBA) shivani JUDGE