Civil Writ Petition No.6685 of 2009 : 1 : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: July 05, 2011 Satpal Singh ...Petitioner VERSUS The State of Haryana & others ...Respondents CORAM: HON'BLE MR.JUSTICE RANJIT SINGH 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.Johan Kumar, Advocate, for Mr.Vikram Singh, Advocate, for the petitioner. Mr.Harish Rathee, Sr.DAG, Haryana, for the State. ***** RANJIT SINGH, J. The petitioner has filed this writ petition for setting-aside the order dated 15.12.2006 (Annexure P-5) passed by respondent No.2. The claim made by the petitioner is for promotion to the post of Lecturer in Economics against the quota meant for Backward Class Civil Writ Petition No.6685 of 2009 : 2 : `B' category along with consequential benefits. The petitioner was appointed as a Master in the Education Department on 24.3.1993. Though he claims to be from Backward Class `B' category, but his appointment was shown in general category instead of reserved category and no benefit of reservation was given to the petitioner. In the year 1998, the Haryana Education Department called the cases for promotion from the post of Master to Lecturer in the prescribed proforma. The Headmaster of the School sent the case of the petitioner for promotion on 12.6.1998. Subsequently, the case was again re-submitted after removing the defects. On 20.12.2001, however, many persons junior to the petitioner were promoted as Lecturers, but the petitioner was not granted promotion to the post of Lecturer for undisclosed reasons. Therefore, the petitioner served a legal notice on 19.6.2006 and when no action was taken, the petitioner filed a Civil Writ Petition No.16768 of 2006. This writ petition was disposed of with a direction to the respondents to decide his representation expeditiously preferably within a period of six months from the date a certified copy of the order was presented. Respondent No.2 rejected the claim of the petitioner on 15.12.2006 on the ground that petitioner had claimed promotion against Backward Class category post, whereas he had acquired M.A. Economics qualification on 30.11.1997. It is stated that the State Government had withdrawn the policy relating to the promotion w.e.f. 16.11.1997 and had discontinued the policy of giving promotion to Backward Class category employees. It is accordingly stated that the petitioner is not entitled to the promotion. The petitioner, Civil Writ Petition No.6685 of 2009 : 3 : however, would claim that he had qualified and acquired the degree of M.A. Economics in October, 1997 and hence the reason for rejecting his claim was misconceived. In response to notice of motion, the respondents have filed reply. The notification dated 15.6.1998, vide which accelerated promotion policy has been discontinued is annexed with the reply as Annexure R-1. The benefit of accelerated promotion to BC-B category has been withdrawn w.e.f. 16.11.1997. The relevant part of the instructions reads as under:- “However, as far as the reservation in the promotion to employees belonging to the category of other backward classes is concerned, in view of the judgment of Hon'ble Supreme court cited above such reservation in promotion provided to the employees, belonging to the other backward classes cannot continue beyond 15.11.1997 and comes to an end with effect from with this date. Hence this benefit is discontinued with effect from 16.11.1997.” It is categorically averred in the reply that the petitioner had acquired the M.A. Economics on 30.11.1997, whereas the Government had already withdrawn these benefits vide instructions dated 15.6.1998 w.e.f. 16.11.1997. To substantiate his submission, counsel for the petitioner had placed reliance on Annexure P-6, which is a certificate issued by Chaudhary Charan Singh University, Meerut. This certificate is dated 18.9.2007 and it is stated therein that the petitioner Satpal Singh had passed M.A. Economics final Private Exam in 1997 in Second Civil Writ Petition No.6685 of 2009 : 4 : Division. The date of declaration of his result was 30.10.1997 as per the University records. Considering this part of the pleadings, the petitioner was directed to place on record the certificate to indicate when he had passed the M.A. Economics Examination. This direction was issued on 13.7.2010. On the request made by the counsel for the petitioner, the case was adjourned on 6.8.2010 to 30.11.2010. Again the case was adjourned to 17.2.2011 on the request of the counsel. Another adjournment was granted on 17.2.2011. Still, the certificate has not seen the light or day. There is no replication filed to the averments made in the written statement. The evidence, which is relied upon and referred to by the petitioner is already on record. It is only after considering the same that the petitioner was directed to show the certificate, which he has failed to do. Accordingly, the pleas raised in the petition cannot be accepted. Even otherwise, as per the reply the petitioner has since been promoted to the post of Lecturer in English on 25.10.2007. No case for interference, thus, is made out. Dismissed. July 05, 2011 ( RANJIT SINGH ) ramesh JUDGE