HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.5632 of 2010 (O&M) Date of Decision: 11.08.2011 **** Dr. Kanwarjit Singh Kakkar . . . . Petitioner VS. State of Punjab & Anr. . . . . Respondents **** 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? **** Present: Ms. Jigyasa Tanwar, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The petitioner joined the Health and Family Welfare Department, Government of Punjab as a Medical Officer on 10.01.1978. He seeks promotion to the post of Senior Medical Officer w.e.f. 21.01.2010 when his claim was considered by the DPC but kept in a sealed cover due to pendency of the criminal case against him registered vide FIR No.13 dated 09.04.2003. (2). It is not in dispute that the above-stated FIR has been quashed by the Hon’ble Supreme Court vide judgement dated 28.04.2011 reported at JT 2011 (5) SC 214. (3). The petitioner has meanwhile retired from service w.e.f. 30.04.2011. CWP No.5632 of 2010.doc - 2 – (4). The respondents have filed their reply/affidavit dated 09.11.2010 i.e. before the FIR was quashed by the Hon’ble Supreme Court to the effect that the sealed cover in respect of the promotion claim to the post of SMO was opened and the petitioner has been promoted as such w.e.f 21.01.2010. (5). Learned counsel for the petitioner submits that the claim of the petitioner for further promotion as Deputy Director is yet to be considered and his retiral dues have also not been released. (6). As regards the petitioner’s claim for promotion to the post of Deputy Director, it is stated that the DPC meeting will be convened very soon. (7). Since the very basis for withholding the service or retiral benefits, namely, pendency of the criminal case has disappeared with the quashing of the FIR by the Apex Court, it is imperative upon the respondents to consider the claim of the petitioner for promotion to the post of Deputy Director from the due date and to release his retiral dues. (8). Ordered accordingly. (9). Let the needful be done within a period of three months from the date of receipt of a certified copy of this order failing which the petitioner shall be entitled to interest @ 7% per annum. (10). The writ petition is accordingly disposed of. Dasti. 2 CWP No.5632 of 2010.doc - 3 – 11.08.2011 vishal shonkar (S u r y a K a n t) Judge 3