SATWANTBIR SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) The instant appeal under Clause X of the Letters Patent seeks modification of order dated 08.12.2010 passed by the learned Single Judge, wherein notice regarding stay has been issued but reversion of the Appellant has not been stayed. The matter was ordered to be listed before the Registrar Judicial-II for completion of service and pleadings.

(2.) It is undisputed that the Appellant was promoted on the post of Kanungo from that of Patwari on 11.12.2007 and was fully qualified as he has passed the departmental test, which is mandatory for promotion to the post of Kanungo as per the provisions of Punjab Kanungo (Class-III Service) Rules, 1994 (for brevity 'the Rules'). It is no doubt true that there is some dispute with regard to seniority.

(3.) When the matter came up for hearing on 16.12.2010, we have issued notice to State of Punjab by taking into account the aforesaid facts. The grievance made by the Appellant is that unless the impugned order of reversion is stayed, the relief claimed in the writ petition would become infructuous. Keeping in view the fact that the Appellant has been promoted on 11.12.2007 and that he has qualified under the Rules. We direct that the reversion of the Appellant shall remain stayed during the pendency of the writ petition. The order of the learned Single Judge is modified to that extent. The appeal stands disposed of.