HARBAX SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) It is stated by the learned counsel for the respondents that the petitioner has died during the pendency of the writ petition.

(2.) No one has appeared for the petitioner in the case nor has any application been filed for bringing on record the legal representatives of the deceased-petitioner.

(3.) This writ petition is directed against the gradation list (Annexure P-10) and the order of the respondents promoting respondents Nos. 3 and 4 as Registrars. A perusal of Annexure P-10 would reveal that the same was provisional gradation list of Registrar/Assistant Registrar (Examinations), Establishment Officers and Superintendents etc. in the office of the Director of Public Instructions, Punjab, as revised upto March, 1980 which was circulated for the purposes of information of the concerned with a direction to submit representation, if any, within the time specified. It appears that without raising any objection to the provisional gradation list, the present writ petition was filed. It also appears from the reply/affidavit that before filing of the writ petition, the petitioner had filed a civil suit in the court of Chief Judicial Magistrate-cum-Subordinate Judge, Patiala, wherein he had challenged the seniority list of S/Shri Hari Parkash Dewan and Surjit Singh who were senior to even respondent No. 3 in the present writ petition. The suit is stated to have been dismissed against which an appeal was filed. It is submitted that all the points raised in the appeal have been incorporated in the present writ petition. The respondents have also referred to Rule No. 9 of the Punjab Education Department (State Service Class II) Rules, 1965 and submitted that no gradation list had been finalised till the date of the filing of the written statement.