IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.13346 of 2008 DATE OF DECISION : AUGUST 9, 2010 TARA SINGH & ORS. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Kapil Kakkar, Advocate, for the petitioner(s). Ms. Charu Tuli, Sr. DAG, Punjab. AJAI LAMBA, J. (Oral) 1. This petition under Article 226 of the Constitution of India has been filed praying for issuance of a writ in the nature of mandamus directing the respondents to promote the petitioners as Lecturers from the date persons junior to the petitioners have been promoted. 2. Learned counsel for the petitioners contends that the petitioners joined as Masters in the year 1994 in the category of Scheduled Castes. On 15.3.2007, the cases for promotion were invited from various schools from amongst the persons who had joined up to 31.12.1995. Civil Writ Petition No.13346 of 2008 2 3. Learned counsel for the petitioners contends that a number of posts are lying vacant and, therefore, the cases of the petitioners need to be considered for promotion. Despite considering the names of the petitioners for promotion to the posts of Lecturers, orders of promotion have not been passed. 4. Learned counsel for the respondent-State has drawn the attention of the court towards para-1 of the Preliminary Objections to contend that no right of the petitioners has been abridged. In view of the same, extra ordinary writ jurisdiction cannot be invoked by the petitioner. 5. I have considered the contentions of the learned counsel for the parties. 6. Para-1 of the Preliminary Objections reads as under:- “1. That the petitioners No.1, 4 and 7 are not eligible for the promotion as the last promotee in this category of scheduled Caste in history lecturers is the person who joined the service on 29-10-1993 where as the petitioners have joined on dated 3-5-94, 24-2-94 and 24-02-94 respectively. That the petitioners No.2, 3 and 5 who join service on 26-2- 94, 19-4-94 and 16-4-94 are not eligible for the promotion as there are already more then required lecturers in the subject of political science in Schedule Caste category, in the subject no promotion has been made at all in the category. That the petitioner No.6 is also not eligible for the promotion as the persons who has joined service up to 14-1-1988 has been promoted to the post of lecturer Punjabi in the category of Schedule Caste while the petitioner No.6 joined the service on 8-4-1994.” 7. On a specific query of the court, learned counsel for the petitioners admits that no person junior to the petitioners has been Civil Writ Petition No.13346 of 2008 3 promoted to the post of Lecturer, from the post of S.S. Masters. 8. In view of the above factual position, in my considered opinion, extra ordinary writ jurisdiction cannot be invoked to issue direction to the respondents to promote the petitioners. 9. The petition is, accordingly, dismissed. August 9, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?