Punjab-Haryana High Court
Mr. Ramesh Kumar vs "1. Grievance In This Petition Is That If ... on 24 September, 2010
CM No.12273 of 2010 in CWP No.8807 of 1987 1
CM No.12273 of 2010
and CWP No.8807 of 1987
S.K.Kathpalia v. State of Punjab
Mr. Ramesh Kumar, petitioner No.2 in person.
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On 23.7.2010, following order was passed:-
"1. Grievance in this petition is that if the impugned order was given effect to, the private respondents will be posted in the Sewerage Board which will prejudice the petitioners and such allocation will be against the statutory provisions of the Punjab Water Supply and Sewerage Board Act, 1976.
2. In the reply filed, stand taken is that since certain functions of the Public Health department were transferred to the Board, with the consent of the employees concerned they were being deputed to the said Board, which did not amount to violation of any law or rights of the petitioners.
3. Learned counsel for Sewerage Board, respondent No.2 states that two of the petitioners have already retired and private respondents have also retired.
4. None appears for the petitioners.
5. Dismissed for non-prosecution."
This application has been filed for restoration. I have heard the petitioner in person.
Only objection on merits is that the private respondents were wrongly allocated to the Punjab Water Supply and Sewerage Board which prejudiced promotion chances of the petitioner. This cannot be taken to be a ground for interfering with the posting of the private CM No.12273 of 2010 in CWP No.8807 of 1987 2 respondent as consent of the petitioner is not required. If chances of promotion are affected, it may be incidental. The functions of Public Health department having been transferred to the said Board and the employees having no objection to join the Board, there is no illegality in the said employees being allowed to join the board.
In view of above, even on merits, the petitioner has no case. Accordingly, the writ petition is dismissed.
September 24, 2010 (Adarsh Kumar Goel) 'gs' Judge