IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 3776 of 1992. Date of Decision: 30th April, 2009. Gurdev Singh ..Petitioner through None Versus Director General, BSF & Ors. Respondents through Mr. Shiv Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL) The case was called twice yesterday as well as today. No one appears on behalf of the petitioner. The petitioner, who is serving as an Inspector in Border Security Force seeks a direction to the respondents to consider and promote him as an Assistant Commandant w.e.f. the date his juniors were so promoted. Learned counsel for the respondents points out that the petitioner joined as a Constable in the BSF on 23.5.1968 and as such by now he has retired on superannuation. He further relies upon the stand taken in the written statement that the petitioner was duly considered for promotion in the DPC held on 24/25.4.1991 but he did not make the grade. Thereafter, the petitioner's claim was examined and turned down by the higher authorities also vide order dated 29.7.1991. Still further, the petitioner's promotion case was considered in the DPC held on 19.11.1991 but he could not make the grade at that time also. Having heard learned counsel for the respondents and taking into consideration Rule 5 of the BSF [Seniority, Promotion and Superannuation] Officers Rules, 1978, according to which promotion to the rank of Assistant Commandant is required to be made on the basis of merit, having due regard to the seniority, namely, merit-cum- seniority, I am of the considered view that there is no merit in this writ petition. Dismissed. April 30, 2009. ( SURYA KANT ) dinesh JUDGE