Judgment:
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.8560 of 2003 (O&M) Date of Decision: 28.04.2014 Shyam Kumar Saroch ..Petitioner Versus Union of India and others ..Respondents CORAM: HON'BLE Mr.JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE.
HON'BLE Mr.JUSTICE ARUN PALLI Present : Mr.Rohit Seth, Advocate, for the petitioner.
Mr.Aman Chaudhary, Advocate, for respondents No.7, 11,13, 14 and 23.
Mr.Harsimranjeet Singh Sethi, Standing Counsel for U.T.Administration, Chandigarh.
Mr.Rakesh K.Nagpal, Panel Counsel for Union of India.
**** SANJAY KISHAN KAUL C.J.(Oral) CM No.5085 of 2014 Leave is granted to place on record additional affidavit on behalf of respondents No.7, 11, 13, 14 and 23 and the application is allowed.
Civil Writ Petition No.8560 of 2003 (O&M) Learned counsel for the petitioner submits that in view of the affidavit brought on record by respondents No.7, 11,13,14 and 23, he would like to file response to the same and the needful be done within one week.
Learned counsel appearing for respondent No.2-Chandigarh Administration submits that the lis, if any, survives qua the aforesaid respondents No.7, 11,13,14 and 23 and other five respondents are respondents No.17,19,21,25 and 26.
It is his submission that there is really nothing surviving in the present petition, as the concerned respondents have either been repatriated, retired or died and the affected respondents are thus, who have been permanently absorbed and the lien terminated in their original cadre.
It is thus submitted that these affected respondents cannot be rendered jobless.
On the other hand, learned counsel for the petitioner contends that even if these nine persons are maintained in service, his rights are not affected except to the extent that the petitioner should be given seniority over these persons.
Sharma Ravinder 2014.04.29 10:44 I attest to the accuracy and integrity of this document Civil Writ Petition No.8560 of 2003 (O&M) [2].Learned counsel for the Chandigarh Administration, however, in rebuttal states that this inter-se seniority was required to be drawn up which has since been drawn and the fresh Original Application qua this seniority issue has been filed before the Central Administrative Tribunal, Chandigarh Bench being O.A.No.1579-CH of 2013 by the persons similarly situated to the petitioner and senior to the petitioner.
In those proceedings it is stated that the next date fixed is 02.05.2014 but the Chandigarh Administration is still in the process of filing reply which shall be filed before the next date.
It is his further submission by reference to the prayer clause that only prayer made in the present case was qua appointment of the private respondents on deputation but not qua any inter-se seniority with them.
In the conspectus of the aforesaid submissions, it is agreed that this petition be disposed of with the following directions:- i) The petitioner may file an independent petition or may join proceedings in O.A.No.1579-CH of 2013 pending before the Central Administrative Tribunal, Chandigarh Bench.
ii) Since the Chandigarh Administration has issued seniority list for the year 2012 in pursuance to the orders passed by the Central Administrative Tribunal, Chandigarh Bench qua the earlier seniority lists of 2004 and 2009, the issue before the Central Administrative Tribunal would be decided on-merits and not on any plea of lapse of time.
On the issue of inter-se seniority, whatever pleas on facts and law are permissible, may be raised.
iii) There is no need to now file any response to the documents filed by learned counsel for respondents No.7, 11,13, 14 and 23 as those are not being utilized for the purposes of issuing the agreed directions.
Petition accordingly stands disposed of.
(SANJAY KISHAN KAUL) CHIEF JUSTICE (ARUN PALLI) JUDGE2804.2014 ‘ravinder’ Sharma Ravinder 2014.04.29 10:44 I attest to the accuracy and integrity of this document