C.W.P No. 16086 of 1990 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 16086 of 1990 (O&M) Date of decision : August 04, 2010 Hukam Singh, ...... Petitioner (s) v. The State of Punjab and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Amit Chopra, Advocate for the petitioner. Mr. S.S.Gill, DAG Punjab for the respondents. *** 1. Whether Reporters of Local Newspapers 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 ? *** AJAY TEWARI, J (Oral) This writ petition was filed in the year 1990 originally claiming mandamus directing the respondents to promote the petitioner as a Tracer. By way of C.M No.14189 of 2000, the petitioner prayed that during this interregnum, the posts of Tracer had been abolished and his Head of the Department viz Chief Engineer by letter dated 3.9.1998 recommended that the petitioner be appointed as a Junior Draftsman and requested for relaxation in the qualification. By letter dated 28.1.1999, the C.W.P No. 16086 of 1990 (O&M) ::2:: Government approved the relaxation and directed the Chief Engineer to consider the case of the petitioner as and when any post of Junior Draftsman became available. In response to the above said Civil Miscellaneous Application, it was admitted that on the date of the filing of the reply, there were 2-3 vacancies of Junior Draftsmen. It was also admitted that the Government had approved relaxation in qualification for the petitioner. However, non grant of promotion to the petitioner was defended on the ground that the Punjab Government had banned the filling up of posts. In support of this plea, reliance was placed on the order dated 30.7.1999 (Annexure R-4). A perusal thereof shows that the ban was imposed on fresh appointments and not on cases of promotions like the petitioner. Counsel for the respondents has sought to argue that the relaxation could not have been granted to the petitioner. In my opinion, this argument cannot be allowed to prevail since in fact, relaxation was granted by the government, and till today the order has not been shown to have been withdrawn. The government cannot now claim that the relaxation was not legally given. In this view of the matter, this writ petition has to be allowed and, keeping in view the document, Annexure R-3, it has to be held that on 14.12.2000, two or three posts were lying vacant. Resultantly, this writ petition is allowed. The respondents are directed to consider the petitioner for promotion to the post of Junior Draftsman w.e.f 14.12.2000. He would be entitled to all consequential benefits except salary for the period he did not work. Necessary order be passed within two months from the receipt of a certified copy of this order. C.W.P No. 16086 of 1990 (O&M) ::3:: As the main petition has since been allowed, all the pending civil miscellaneous applications, if any, also stand disposed of. ( AJAY TEWARI ) August 04, 2010. JUDGE `kk'