C.W.P. No. 10256 of 1993 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 10256 of 1993 Date of Decision: Jan. 20, 2010 Jarnail Singh ...................................................... Petitioner Versus State of Punjab and others ............................... Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Present: Ms. Disha Jaiswal, Advocate for the petitioner. Ms. Sudeepti Sharma, DAG, Punjab. ... ASHUTOSH MOHUNTA, J. (Oral) The petitioner has prayed for quashing the orders dated 14.3.1993 (Annexure P-6) and the order dated 5.5.1993 (Annexure P-7) vide which persons mentioned in the aforesaid Annexures were promoted on adhoc basis as Superintendent Grade-II whereas the petitioner, who claims himself to be senior to the said persons, was not promoted. The petitioner has also prayed that directions be issued to the respondents to consider and promote him as Superintendent Grade-II with effect from the date of promotion of his juniors along with all consequential benefits. The petitioner joined the Cooperation Department, Government of Punjab, as Clerk with effect from 1.10.1969. He appeared in the test for the post of Steno-Typist and was selected and appointed as such with effect C.W.P. No. 10256 of 1993 [ 2 ] from 8.1.1974. The petitioner was further promoted as Junior Scale Stenographer on 26.10.1978 and was again promoted as Senior Scale Stenographer on 4.2.1980. Vide Annexures P6, the respondents promoted nine persons on adhoc basis as Superintendent Grade-II. The case of the petitioner is that all the nine persons, whose names are mentioned in Annexure P-6, were junior to him. He submitted a representation on 29.1.1993 which was considered and rejected by the competent authority. It is against these orders that the present writ petition has been filed. During the pendency of the writ petition the Government, vide Memo No.68/8/97-C.2(4)/15521 dated 16.12.1998 (Annexure P-9), took a decision that Stenographers can be promoted to the post of Superintendent Grade-II without prejudice to the decision of the High Court. In pursuance to the issuance of Annexure P-9, the petitioner along with seven others were promoted to the post of Superintendent Grade-II vide order dated 18.1.1999 (Annexure P-10). Learned counsel has contended that as the petitioner was promoted vide Annexure P-10, therefore, there is no reason to deny him promotion from the date his juniors were promoted. Written statement has been filed on behalf of respondent Nos. 1 and 2 wherein it has not been denied that respondent Nos. 3 and 4 are junior to the petitioner. In view of the aforementioned factual position that the petitioner was senior to respondent Nos. 3 and 4, there is no reason not to promote the petitioner as Superintendent Grade-II prior to respondent Nos. 3 and 4. The stand on behalf of the State of Punjab that the petitioner C.W.P. No. 10256 of 1993 [ 3 ] was not promoted as he did not fulfil the requisite qualification for the post of Superintendent Grade-II is also without merit as the petitioner did possess the requisite experience and qualification for the post of Superintendent Grade-II as is clear from a perusal of Annexure P-9. In view of the above, this writ petition is allowed and the petitioner is ordered to be promoted as Superintendent Grade-II with effect from the date respondent Nos. 3 & 4 were promoted. The petitioner shall be entitled to all consequential benefits. 20.1.2010 ( ASHUTOSH MOHUNTA ) Rupi JUDGE