HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.15676 of 2009 (O&M) Date of Decision: 19.08.2011 **** Ramesh Dutt . . . . Petitioner VS. State of Punjab & Ors. . . . . 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: Mr. HS Rakhra, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The petitioner – a Multi Purpose Health Worker was promoted as Multi Purpose Health Supervisor (Male) vide order dated 31.12.2003. He did not accept the same on health reasons. The competent authority vide order dated 15.03.2004 (Annexure R2) debarred the petitioner from promotion for a period of two years w.e.f. 31.12.2003 and on expiry of the said period, the petitioner’s case for promotion was again called for vide memo dated 28.04.2006 (Annexure P1). The petitioner was thereafter promoted on 05.06.2006, however, subject to the condition that the benefit shall be admissible only when he undergoes training for the prescribed period of 1 ½ month. Meanwhile, the petitioner stood retired from service on attaining the age of superannuation w.e.f. 31.07.2006. (2). The respondents in their reply/affidavit explained that the consequential benefits on his promotion as Multipurpose Health Supervisor (Male) could not be granted to the petitioner as he has not undergone the requisite training prescribed for the said promotional post. The petitioner on the other hand submits that he had represented on 15.06.2006 (Annexure P3) seeking exemption from the training but no decision has been taken by the competent authority. (3). In my considered view, the petitioner though cannot seek exemption from training as a matter of right, nevertheless he got hardly any time to undergo the training after his promotion and before his retirement. (4). The writ petition is accordingly disposed of with a direction to the competent authority to consider the petitioner’s request sympathetically and pass an appropriate speaking order within a period of three months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. Dasti. 19.08.2011 vishal shonkar (S u r y a K a n t) Judge