C.O.C.P. No.2094 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No.2094 of 2009 (O&M) Decided on : 26-11-2009 Murti Devi .... Petitioner VERSUS Naresh Gulati & others. .... Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG. Present:- Mr. Dilbagh Singh, Advocate, for the petitioner. RAKESH KUMAR GARG, J (Oral). As per averments made in this petition, Sh. Mahavir Parshad, husband of the petitioner filed C.W.P. No.5822 of 1990 before this Court, seeking a direction to the respondents to consider and promote him in accordance with previous notification dated 16.11.1976. While disposing the aforesaid C.W.P., this Court rejected the prayer of the petitioner to quash the notification dated 16.12.1986. However, a direction was given to the respondents to undertake an exercise as to whether or not there were vacancies to be filled up by promotion in the cadre of Sectional Officer/Junior Engineer prior to 16.12.1986 notification and if any, such vacancies were available, to consider the claim of the petitioner or other eligible surveyors in accordance with the old rules or as per C.O.C.P. No.2094 of 2009 (O&M) -2- their seniority. In compliance of the aforesaid judgment dated 30.10.2008, the respondents intimated the petitioner vide Annexure P-4, that the case of the petitioner has already been considered vide office memo No. 2671, dated 26.5.2009 by passing a speaking order and by giving him personal hearing. The relevant paragraphs of the aforesaid reply are reproduced hereinafter:- “1. That in accordance to decision dated 30.10.2008 of Hon'ble High Court in C.W.P. No.5822 of 1990 the case of the petitioners was to be considered against the vacant post of Junior Engineers before 1986 i.e. the Rules of Public Health Junior Engineers notified on 8.12.1986 by Haryana Govt. 2. That Haryana Govt. imposed 10% cut on existing strength in the year 1983 vide their letter No.5/1/83-IB&C dated 26.5.1983 to minimize the expenditure on Establishment which was resulting in depletion of funds needed for execution of development works. The total strength of Junior Engineer was 548 and after its 10% reduction it came to 494 against which 517 Junior Engineers were working. 3. As per seniority list of Surveyors as on 1.1.1977, sent by the then Superintending Engineer, Public Health Circle, Faridabad to this office, Sh. Ram Karan, Surveyor promoted as Junior Engineer was senior to Sh. Mahabir Parshad, Surveyor. C.O.C.P. No.2094 of 2009 (O&M) -3- 4. The representation of Sh. Mahabir Parshad, Surveyor (Retd.) has already been rejected vide this Office Memo No.2671 dated 26.5.2009 in speaking orders by giving personal hearing to him.” Be that as it may, since the claim of the petitioner has been rejected, it cannot be said that the respondents have not complied with the aforesaid judgment passed by this Court. Thus, I am not inclined to take cognizance of this contempt petition. Petition stands disposed of. However, the petitioner shall be at liberty to challenge the aforesaid order dated 26.5.2009 in accordance with law. 26th November, 2009. (RAKESH KUMAR GARG) Monika JUDGE