IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 13783 of 2011 Date of decision : 02.08.2011 Ajay Kumar Dhawan ......Petitioner versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. R.K. Arora, Advocate for the petitioner **** RITU BAHRI, J. (Oral) Petitioner is seeking issuance of a writ in the nature of mandamus directing the respondents to consider and grant the petitioner his due promotion to the post of Head Master from the date person junior (respondent No. 4) has been given promotion with all consequential benefits. Petitioner had joined the Punjab Education Department as Math Master on 08.09.1973. He was appointed on regular basis on 01.11.1974 as Science Master (Non-Medical) in the pay scale of Rs.220-500. The petitioner was assigned seniority No. 3961. Respondent No. 4 who was junior to the petitioner and was working as Science Master at Govt. Elementary School, Palheri, District Mohali. He joined on regular basis on 01.11.1974 and was assigned seniority No. 4019. The petitioner was sent on deputation in the year 1993 with the Chandigarh Administration and remained posted at Govt. Model High School, Sector 25, Chandigarh. While on deputation with Chandigarh Administration, the case of the petitioner for grant of promotion to the post of Head Master was recommended by the Headmaster, Govt. Model High School, Sector 25, CWP No. 13783 of 2011 -2- Chandigarh through proper channel vide memo dated 10.04.2003 but no further action was taken by the authorities despite several requests from the petitioner (Annexure P-1). Learned counsel for the petitioner has further submitted that the petitioner had retired from service on 30.09.2008 while working on the post of Science Master (Non-Medical) from Govt. Model High School, Sector 25. Learned counsel for the petitioner has further submitted that the junior from the petitioner (respondent No. 4) was earlier not considered for his due promotion on the ground that his teaching results are not above 50%. Thereafter, he was ordered to be promoted vide Annexure P-3. The petitioner served a legal notice for claiming two reliefs, one for the revised pay scale w.e.f 01.11.1971 instead of 16.7.1975 and second for grant of promotion from the date of his junior, has been given promotion w.e.f 08.01.2010. In view of the above factual position, this petition is disposed of by giving a direction to respondent No. 1 to pass a speaking order on the legal notice of the petitioner within a period of six weeks from the date of receipt of certified copy of this order. August 02 , 2011 (RITU BAHRI) G.Arora JUDGE