CWP No.7858 of 1989(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7858 of 1989(O&M) Date of Decision: 13.09.2011 Raj Kumar Singla, Labour Inspector, Grade-II, Mansa, District, Bhatinda ... Petitioner Versus State of Punjab through the Secretary to Govt., Punjab, Department of Labour and Employment, Chandigarh and another ... Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: Mr. Pawan Kumar, Senior Advocate with Mr. Anshuman Mandhar, Advocate, for the petitioner. Mr. Navdeep Sukhna, DAG, Punjab. ***** 1. Whether reporters of local papers may be allowed to see the judgment? NO 2. To be referred to the reporters or not? NO 3. Whether the judgment should be reported in the digest? NO K. KANNAN, J. (Oral) 1. The petitioner seeks for a relief that he should be treated as promoted to the post of Labour Inspector Grade-II from the date when he qualified by passing a departmental exam on 13.08.1987 or from the date when the permanent vacancy arose against 'promotees' quota' in the first respondent-department. The eligibility for promotion as per recruitment rules is five years experience as a Clerk and pass in the departmental examination. He had been appointed as a Clerk on 17.03.1970 and held the post as Labour Inspector Grade II on ad hoc basis from 16.09.1986. The response by the State was that the ad hoc appointment was against a vacancy in 'direct recruitment quota' and that he was liable for reversion as soon as a direct recruitment was made to the post as Labour Inspector Grade-II. CWP No.7858 of 1989(O&M) [2] 2. Two decades has passed and if he had been in service, he must be retired considering the fact that he joined service in the year 1970. As there is no detail about when a permanent vacancy arose in the first respondent- department to the post of Labour Inspector Grade-II against 'promotees' quota', I direct that the petitioner shall be treated as having been promoted from the date when a permanent vacancy arose in the first respondent department. If, he had been adjusted against the 'promotees' quota' as soon as the vacancy arose, the petitioner will obtain no additional benefit but if, on a reckoning of the respondent that any vacancy arose against the 'promotees' quota' but the petitioner had been either reverted or was not granted any monetary benefit attendant to such post, the same shall be calculated and given to the petitioner within a period of 12 weeks from the date of issuance of this order. The petitioner would also be entitled to all consequential benefits on appropriate reckoning of when the petitioner was to be treated as promoted against the 'promotees' quota'. 3. The writ petition is disposed of as above. SEPTEMBER 13, 2011 ( K. KANNAN ) Rajan JUDGE