CWP No.20490 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20490 of 2009 Date of Decision: 11.05.2010 **** Gurpal Singh . . . . Petitioner VS. State of Punjab and others . . . . . 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. Sandeep Arora, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner is working as a Lecturer in Physics in GTB Government College, Sathiala, Amritsar. He seeks a mandamus to direct the respondents to promote him as Principal from the date when his juniors have been promoted. It is averred that the petitioner possesses excellent service record throughout his service career and it was only in the Annual Confidential Report for the year 2006-07 that some adverse remarks were recorded. The petitioner represented against the same before the authorities, which is said to have been accepted vide order dated 28.05.2009 (Annexure P8) CWP No.20490 of 2009.doc - 2 – and the adverse remarks have been expunged. It is the petitioner’s case that he was overlooked for promotion only on the basis of the above-stated adverse remarks which are no longer in existence. (2). I have heard learned counsel for the parties and perused the documents on record. Having regard to the nature of order which I propose to pass, there is no necessity to call upon the respondents to file their counter-reply/affidavit at this stage. (3). Suffice it to observe that if, other Annual Confidential Reports of the petitioner are upto the mark and/or if he was denied promotion only on the basis of ACR for the year 2006-07, his matter requires re-consideration by the competent authority for the reason that the adverse remarks in the ACR have now been expunged. (4). Consequently, the writ petition is disposed of with a direction to respondent No.1 to re-consider the claim of the petitioner for promotion to the post of Principal in accordance with law/criteria, if any, prescribed by the competent authority and dispose of the same by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order. Needless to say that if the petitioner is found CWP No.20490 of 2009.doc - 3 – entitled to, he shall be promoted from the due date along with all consequential benefits. (1). Dasti . (SURYA KANT) JUDGE 11.05.2010 vishal shonkar