HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.11800 of 2009 (O&M) Date of Decision: 05.09.2011 **** Dr. NK Sharma . . . . 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. Amit Sharma, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT, J. (ORAL) (1). The petitioner joined the Ayurvedic Department, Punjab as a Vaid In-charge on 07.02.1958. He possessed the requisite qualification prescribed for the post of District Ayurvedic and Unani Officer. (2). In the final seniority list of Vaidyas (Class III) issued vide memo dated 22.12.1978 (Annexure P1), the petitioner was placed at Sr.No.50. Some of his colleagues who were also working as Vaidyas approached this Court in CWP No.9027 of 1987 seeking a direction for their promotion as Ayurvedic Medical Officers. These writ-petitioners also included juniors to the petitioner placed at Sr.No.54, 56, 57, 65 of the final seniority list of Vaidyas, referred to above (Annexure P1). CWP No.11800 of 2009.doc - 2 – (3). The above-stated writ petition was allowed by this Court on 28.11.2007 and pursuant thereto all the nine writ petitioners including 5 Vaidyas who were junior to the petitioner have been retrospectively promoted as District Ayurvedic and Unani Officers. (4). The petitioner was, however, not considered for such promotion though during the pendency of the above-stated writ petition he was promoted on an equivalent post of Senior Physician on 29.11.1991. (5). The petitioner now seeks a direction that he too is entitled to be considered and promoted as District Ayurvedic and Unani Officer or an equivalent post with effect from the date his juniors have been promoted. (6). The fact that five Vaidyas who were junior to the petitioner have been promoted in compliance to the directions issued by this Court, is acknowledged by the respondents in their additional affidavit dated 07.09.2010. The said affidavit also candidly admits that the petitioner was promoted on an equivalent post on 29.11.1991 only whereas persons junior to him now stand promoted w.e.f. 08.08.1979. (7). In the light of these admitted facts, the writ petition is allowed and the respondents are directed to consider and promote the petitioner as the District Ayurvedic and Unani Officer or to an equivalent post w.e.f. 08.08.1979 with all CWP No.11800 of 2009.doc - 3 – those consequential benefits which have been granted to his juniors, referred to above. (8). The needful shall be done within a period of three months from the date of receipt of a certified copy of this order. (9). Ordered accordingly. Dasti. 05.09.2011 vishal shonkar (S u r y a K a n t) Judge