CWP No.16265 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.16265 of 2008 (O&M) Date of Decision: 22.03.2011 **** Gurdev Singh Pabla . . . . 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. Anurag Chopra, Advocate for the petitioner Ms. Monica Chhibber Sharma, DAG Punjab Mr. Vijay Kaushal, Advocate for respondent No.2 ***** SURYA KANT J. (ORAL) (1). The petitioner holds the substantive rank of Circle Head Draftsman in respondent No.2-Board. His primary claim in this writ petition is for issuance of a direction for his promotion as Sub-Divisional Engineer. (2). The respondents have filed their reply/affidavit maintaining that the petitioner is not entitled to the said promotion though Current Duty Charge has already been given to him. CWP No.16265 of 2008.doc - 2 – (3). Learned counsel for the petitioner points out that two posts have fallen vacant during the pendency of this writ petition on 30.11.2010 and 28.02.2011, respectively. (4). That being so and as agreed to by learned counsel for the parties, I deem it appropriate to dispose of this writ petition with a direction to respondent No.2 – Board that in case any vacancy has become available in the promotion quota then let the claim of the petitioner and/or his senior(s), strictly in accordance with the Rules, be considered for promotion on regular basis against such vacancy(ies). However, if the vacant post is meant for direct recruitment, the claim of the petitioner and/or his senior(s) shall be considered for the ad hoc promotion without conferring any right whatsoever on them till the posts are filled on regular basis by direct recruitment. Such an arrangement would enable the petitioner or his senior(s) to draw the pay of SDE i.e. the post against which he has already been performing his duties. (5). The needful shall be done within a period of three months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. 22.03.2011 vishal shonkar (S u r y a K a n t) Judge