IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.19065 of 2009 Date of Decision: December 10, 2009 Amrit Pal Singh & Others .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Harinder Sharma, Advocate, for the petitioners. . . . AJAI LAMBA, J (Oral) The petitioners, in this petition filed under Article 226 of the Constitution of India, claim promotion to the post of Lecturer (School Cadre). It is the case of the petitioners that relief has been denied on the ground that result of the students taught by them was not good. Learned counsel for the petitioners contends that the issue is covered by Instructions dated 21.8.2009 (Annexure P-3) issued by the respondents, with the following provisions:- CWP No.19065 of 2009 [2] “Subject: Consideration of results of classes taught by teachers while promoting him/her to the next higher post. Reference on the subject noted above. 2. The matter has been reconsidered and it has been decided to withdraw the instructions contained in Memo No.15/46/2004-2 Edu 2/12766 dated 9.6.2005 being contrary to the provisions of Punjab State Education Service-III (Service Cadre) Service Rules 1978. 3. It is made clear that the cases of all employees who have been ignored for promotion earlier this account should be reviewed. 4. This is issued with the approval of Secretary, School Education.” [SIC] Despite such being the facts, benefit has not been given to the petitioners. It has further been brought out that each of the petitioners has served a legal notice in the form of Annexure P-6 (Collectively) in September 2009. I am of the considered opinion that the petitioners are entitled to a decision on their legal notices. Perusal of Annexure P-3 i.e. Memo dated 21.8.2009 indicates that the respondents would not ignore the cases for promotion on account of poor result of the students. This petition is accordingly disposed of with directions to the respondents to consider the cases of the petitioners in the context of Annexure P-3 that has been reproduced CWP No.19065 of 2009 [3] above and pass appropriate orders as warranted by facts and in accordance with law within a period of four months of receipt of a certified copy of this order. In case, poor result of the students is the only impediment, the requisite relief would be granted to the petitioners with effect from the date juniors to the petitioners have been promoted, with all consequential benefits. However, if any other person is affected by virtue of orders passed in regard to the petitioners, principle of nature justice would be observed. (AJAI LAMBA) December 10, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?