Punjab-Haryana High Court
Rajesh Kumar vs State Of Punjab And Ors on 9 May, 2024
Neutral Citation No:=2024:PHHC:064775
CWP-27293-2018(O&M)
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
213
WP-27293-2018 (O&M)
C
Date of decision: 09.05.2024
Dr. Rajesh Kumar
....Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. D.S. Rawat, Advocate for the petitioner.
Mr. Arun Gupta, DAG, Punjab.
r. Akhil Kashyap, Advocate for
M
Mr. P.K. Kataria, Advocate for respondent No.3.
*****
AMAN CHAUDHARY, J. (Oral)
1. The prayer made in the present petition is for quashing the
impugned Final Seniority list dated 27.09.2018 of Assistant Professor
(Ophthalmology) and proceedings of the impugned DPC meeting dated
18.10.2018.
2. Learned counsel contends that the petitioner was appointed as
Medical Officer on 27.11.1993, whereas respondent No.3-Saroj Bala on
04.05.1998.She,thoughbeingjuniortohimbutbelongingtoScheduledCaste
categorywasgrantedthebenefitofreservedpointforpromotiontothepostof
Assistant Professor (Ophthalmology) vide order dated 02.12.2003, while the
petitioner was promoted on his own turn, as such on 15.07.2014. Submission
advanced is based on the catch-up rule, which was in similar set of facts
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Neutral Citation No:=2024:PHHC:064775
CWP-27293-2018(O&M)
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relating to the same Department, albeit regarding the post of Assistant
Professor (Paediatrics), this Court relying on the law laid down in Union of
India and others vs. Veer Pal Singh Chauhan etc. 1995(6) SCC 684, further
elaborated in Ajit Singh Janjua and others vs. State of Punjab 1999(7) SCC
209, decided the issue vide judgment dated 09.05.2023 in Dr. Harshinder
Kaur vs. State of Punjab and others, CWP-26839-2018,observing thus:
"8. ...Once there isnodisputethatthethirdvacancywasa
reserved vacancy, which resulted in the promotion of
respondent no.4, the catch-up rule would become
applicable. As per the catch-up rule, if a juniorofficial,on
accountofacceleratedpromotion,getspromotedtoahigher
post, prior to the seniorandtheseniorislateronpromoted
if the junior official in the feeder cadre is still in the
promotedpostofnextlevelthenasperthecatch-uprule,the
senior would regain his seniority on the next higher post,
even though he was promoted subsequently. In the present
case, the petitioner was a senior to respondent no.4.
However,asalreadynoticed,respondentno.4waspromoted
in 2013 whereas the petitioner was promoted in 2014. At
that time, respondent no.4 was an Assistant Professor.
Hence, in the seniority list of Assistant Professors by the
application ofcatchuprule,thepetitionerwillbeplacedas
a senior to respondent no.4."
3. LearnedStatecounselasalsolearnedcounselforrespondentNo.3,
despitetheirbesteffortshavebeenunabletocontrovertthefactualpositionand
draw out any distinctive aspects in the aforementioned judgment or cite any
contrary law.
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4. In view ofthejudgmentpassedinDr.HarshinderKaur(supra),
the present petition isdisposedof,directingtherespondentstoprepareafresh
senioritylistandthereupon,considerthepetitionerandothers,whowouldbein
the zone of consideration in terms thereof, for promotion against the post of
Associate Professor (Ophthalmology). Needful be done within four months.
(AMAN CHAUDHARY)
JUDGE
0 9.05.2024
Hemant
hether speaking/reasoned
W : es / No
Y
Whether reportable : Yes / No
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