CWP No.19853 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.19853 of 2009 Date of Decision: 07.10.2010 **** Vijay Kumar ... Petitioner VS. State of Punjab & Anr. …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. SS Chatrath, Advocate for the petitioner Mr. H.S. Brar, Addl. AG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to direct the respondent authorities to decide his claim for promotion to the post of Superintendent. (2). The petitioner’s precise case is that he joined the Municipal Council/Nagar Panchayat as an Inspector on 16.04.1999. The petitioner belongs to the reserved category of Scheduled Caste. His grievance is that vide order dated 08.12.2006 (Annexure P3), 11 Inspectors including one Arun Kumar who belongs to the reserved category of Scheduled Caste were ordered to be promoted as Superintendents. However, Arun Kumar has allegedly refused to accept the promotion. The petitioner being the next candidate in order of seniority CWP No.19853 of 2009.doc - 2 – belonging to the reserved category of Scheduled Caste stakes his claim for promotion against the vacancy which has remained unfilled due to non-acceptance of promotion by Arun Kumar. (3). Since the petitioner’s claim has not been considered for promotion against the said unfilled post, he has approached this court. (4). I have heard learned counsel for the parties at some length and perused the documents on record. (5). In my considered view, if Arun Kumar who was promoted against a post reserved for Scheduled Caste category, has refused to accept the promotion, ordinarily the next candidate in order of seniority belonging to the same reserved category would be entitled to be considered for such promotion subject to fulfillment of the eligibility conditions etc. (6). However, without expressing any final views at this stage, the writ petition is disposed of with a direction to respondent No.2 to consider and decide the petitioner’s claim for promotion to the post of Superintendent by passing a speaking order within a period of four months from the date of receipt of a certified copy of this order. (7). Needless to say that if the petitioner is found entitled to, the consequential order shall also be passed within the stipulated period. CWP No.19853 of 2009.doc - 3 – (8). Ordered accordingly. Dasti. 07.10.2010 vishal shonkar (SURYA KANT) JUDGE