Punjab-Haryana High Court
Hardevinder Singh Sandhu vs State Of Punjab & Another on 30 August, 2012
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 12008 of 2012
Date of decision:30.08.2012
Hardevinder Singh Sandhu
....Petitioner
Versus
State of Punjab & another
....Respondents
CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA
Present: Mr. BS Walia, Advocate,
for the petitioners.
Mr. Anil Sharma, Additional Advocate General, Punjab.
None for respondent No.2.
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Tejinder Singh Dhindsa, J. (Oral)
The petitioner, who is working on the post of Superintendent Engineer in the Department of Irrigation, State of Punjab, had filed the present petition seeking quashing of Annexure P-6 dated 1.6.2012, whereby his name has not been reflected in the list of Superintending Engineers to be considered by the Departmental Promotional Committee to be held on 26.6.2012 for the purposes of promotion to the post of Chief Engineer.
The grievance of the petitioner was to the effect that for counting experience to determine eligibility for consideration to the higher post of Chief Engineer the period spent on current duty was not to be excluded.
On 2.8.2012, the following order was passed by this Court:-
"Vide order dated 25.6.2012 passed by the Court, Civil Writ Petition No. 12008 of 2012 -2- directions had been issued to consider the petitioner's case for promotion to the post of Chief Engineer in the DPC which was fixed for 26.6.2012.
The grievance of the petitioner was that for the purpose of counting experience, the period spent on current duty charge could not have been excluded insofar as determining his eligibility for promotion is concerned.
Apparently, the DPC that was fixed for 26.6.2012, was not held. Learned counsel appearing for the petitioner brings to the notice of this Court that petitioner is due to retire on 30.9.2012 upon attaining the age of superannuation.
Learned State counsel, upon instructions from Sanjeev Kumar, Junior Assistant, o/o Chief Engineer, Canal Irrigation Department, makes a statement that the name of the petitioner has since been added in panel for consideration to promotion to the post of Chief Engineer, Postponement of DPC without any justifiable cause would defeat the very claim of the petitioner as raised in the petition and would render the petition infructuous.
In the light of such peculiar facts, the affidavit of Principal Secretary, Department of Irrigation be filed positively within a period of two weeks which would contain reasons so as to justify the postponement of DPC on 26.6.2012. The affidavit shall also disclose the precise date on which DPC for promotion to the post of Chief Engineer would be held.
Adjourned to 30.8.2012.
Copy of the order be given to the State counsel under the signatures of Special Secretary of this Court."
Learned counsel appearing for the State has filed in Court today an affidavit dated 29.8.2012 of the Principal Secretary to Government Civil Writ Petition No. 12008 of 2012 -3- Punjab, Department of Irrigation and the same has been taken on record. Copy has also been furnished to the learned counsel appearing for the petitioner.
In terms of the affidavit, it has been stated that meeting of the DPC was held on 27.8.2012, wherein the name of the petitioner has duly been considered for promotion to the post of Chief Engineer. Learned State counsel, upon instructions from Mr. Dilbag Singh Baghi, Law Officer, in o/o Irrigation (Head Office) Chandigarh, has further stated that the proceedings of the DPC in relation to the petitioner have been kept in a sealed cover on account of the fact that proceedings under Rule VIII of the Punjab Civil Services Punishment and Appeal Rules, stand initiated.
Accordingly, the present petition has been rendered infructuous on account of the fact that the petitioner's case for promotion has since been considered in the Departmental Promotional Committee proceedings that were conducted on 27.8.2012.
Writ petition disposed of as infructuous.
August 30, 2012 (TEJINDER SINGH DHINDSA) monika JUDGE