CWP NO.2361 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 17.3.2009 Prem Kumar ...Petitioner VERSUS State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.SK Sharma, Advocate for the petitioner Ms.Charu Tuli, Sr. DAG, Punjab Permod Kohli, J. (Oral) The petitioner who is working as a Clerk in the Central Jail, Ferozepur has filed this petition challenging the promotion of respondents no.3 and 4 to the posts of Assistant Superintendent (Jail)/Probation Officer/Welfare Officer. The other challenge is to the order dated 16.11.2005 passed by the Additional Director General of Police, Jail Deptt., Punjab, Chandigarh (Annexure P-6A) whereby as many as 22 Headwarders were adjusted against the recruitment posts on temporary basis till the posts are occupied by the direct recruits. The order (Annexure P-6A) contains a stipulation that on appointment of direct recruits, the promotees will make way for them. In so far as the question of promotion of private respondents is CWP NO.2361 of 2006 2 concerned, the State has specifically stated that the posts are not in the normal channel of promotion and keeping in view this fact, the quota has been fixed and for managerial staff, 6% quota is provided for promotion to the posts of Welfare Officer/Assistant Superintendent (Jail)/Probation Officer. It is further stated that options were invited. As many as 30 candidates applied for the said posts and the Additional Director General of Police constituted a Departmental Promotion Committee consisting of three members. The senior most 11 persons were considered for promotion and the petitioner being the junior most amongst those 30 persons could not be considered. In view of the above circumstances, the petitioner has no right of promotion. However, the petitioner shall have the right of consideration as and when available vacancies in promotion quota are filled up by the competent authority from the quota to which the petitioner belongs. It has also been brought on record that two persons who were senior to the petitioner were considered and their consideration has been kept in the sealed cover and these two posts include one for the General Category and the other for the Reserved Category are lying vacant. Mr.Sharma, learned counsel for the petitioner, however, disputes this fact. It is contended by him that as many as six posts for the promotional quota are available. Be that as it may. As and when the competent authority decides to fill up the available vacancies for promotional quota, all eligible candidates who are within zone of consideration for such promotion, shall be considered for promotion, subject to the options to be invited from all eligible candidates and if the petitioner makes an option and he is otherwise eligible and within the zone of consideration, he will also be promoted. As far as the appointment against the direct recruit quota is concerned, the CWP NO.2361 of 2006 3 competent authority shall make efforts for filling up the available vacancies by inviting applications in accordance with rule. The competent authority shall initiate the process for filling up the direct recruit posts of Headwarders within a period of six months from the date a certified copy of this order is received by the competent authority and the ad hoc appointees will make way for the direct recruits. With the aforesaid observations, this petition is disposed of. (PERMOD KOHLI) JUDGE 17.3.2009 MFK