High CourtsDivision Bench(2014) 05 P&H CK 0127

Union of India and Others vs Bhasha Adhyapak Sangathan and Others

Punjab And Haryana At Chandigarh · Decided on 28 May 2014

HON’BLE JUDGES
Sanjay Kishan Kaul, C.J · Arun Palli, J
RESULT
Disposed Off
CASE NUMBER
Civil Writ Petition No. 18891-CAT of 1997 (O&M)

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Judgment

6 paragraphs · 356 words

Sanjay Kishan Kaul, C.J.—The subject matter of challenge in these petitions is the same impugned order passed by the Central Administrative Tribunal, Chandigarh Bench on 28/5/1997 directing the U.T. of Chandigarh to carry out an exercise of preparing a joint seniority list from two feeder cadres viz. Classical & Vernacular Teacher and Master/Mistress as per the requirement of the existing notification dated 13.7.1992 and thereafter promote the persons from this joint seniority-list directly in accordance with their inter se seniority so fixed.

2.

The present two petitions have been filed one by U.T. of Chandigarh and the other by Masters and Mistresses, who were aggrieved, as the other feeder cadre got their relief. However, the operation of this order was stayed vide order dated 19.2.1998 in CWP No. 18891 of 1997. Thereafter, it appears that none really took any interest in the matter and even service was incomplete for a considerable period of time. It is in these circumstances that these petitions were listed before the Court, they being quite old and yet service not being complete. Thereafter, service is stated to be complete.

3.

It is pointed out that in effect the feeder cadre hardly exists of Classical & Vernacular Teachers as there was no fresh recruitment in that cadre. In this period of 17 years of pendency of petitions, the persons belonging to the Classical & Vernacular Teachers have moved on, i.e., they have either retired or have been promoted or died. There is hardly any person of this category left and the same are also unrepresented as Mr. N.P. Mittal, Advocate represents only respondents No. 1 and 2 in CWP-18891-1997.

4.

We are, thus, of the view that there is no purpose in carrying out an academic exercise of deciding the validity of impugned order in the present case, as the very purpose behind the directions has unfortunately become futile on account of the facts aforesaid, a course of action agreeable to learned counsel for the parties.

5.

We take on record the current status of the respondents as given by learned counsel for Chandigarh Administration.

6.

The petition accordingly stands disposed of.