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Judgment
SUDEEPTI SHARMA J.
The challenge in the present writ petition is to order dated 07.04.2017, whereby the promotion order dated 13.11.2015 of the petitioner, whereby he was promoted to the post of Sub-Divisional Engineer (B&R) during the extension in service, was withdrawn.
Learned counsel for the petitioner contends that notification dated 30.10.2015 relied upon by the respondent-Municipal Corporation was adopted on 01.12.2015, whereas the petitioner was, admittedly, promoted after holding Departmental Promotion Committee meeting on 13.11.2015. Therefore, since the petitioner was already promoted before 01.12.2015, notification cannot be made applicable retrospectively. He, therefore, prays that the present writ petition be allowed.
Per contra, learned counsel for the respondents argues on the lines of the written statement filed by the respondents. She, therefore, prays that the present petition be dismissed.
I have heard learned counsel for the parties and perused the whole file of this case with their able assistance.
A perusal of the impugned order shows that the same has been passed in view of the instructions dated 30.10.2015, whereby the decision was taken by the Punjab Government that the Government employees whose service is extended shall not be entitled to promotion. This notification was adopted by the respondent-Chandigarh Administration on 16.11.2015 and the respondent-Municipal Corporation adopted the same on 01.12.2015. The petitioner was on extension of service since 01.06.2015 and during the extension period, he was promoted vide order dated 13.11.2015. A perusal of the file further shows that the petitioner was given show cause notice dated 05.12.2016 and the notification of Punjab Government was brought to his notice, which was adopted by the respondent-Chandigarh Administration and by the respondent-Municipal Corporation. After receiving the reply to the show cause notice and after giving full opportunity of being heard, the impugned order has been passed. A perusal of Annexure R-1, which is an undertaking given by the petitioner while opting for first year extension of service, attached with the written statement further shows that the petitioner gave an undertaking to abide by the instructions issued by the Punjab Government and Chandigarh Administration. Since the petitioner never challenged the notification in view of which, the impugned order dated 13.11.2015, whereby he was promoted was withdrawn and the impugned order is passed in view of the instructions/notification dated 30.10.2015 of Punjab Government, therefore, this Court does not find any merit in the present writ petition and the same is hereby dismissed.
Pending applications, if any, also stand disposed of.