IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.15723 of 2008 (O&M) Date of Decision : 07.01.2010 Harjinder Pal Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Kapil Kakkar, Advocate, for the petitioner. Ms.Charu Tuli, Sr.DAG, Punjab. -.- 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? --- ORDER Surya Kant, J. (Oral) The petitioner seeks quashing of the order dated 25.4.2008 (Annexure P-12), whereby his claim for appointment as Physical Training Instructor (P.T.I.) in the Education Department, has been rejected. Notice of motion was issued and pursuant thereto, it is informed by the State counsel that vide appointment letter dated 23.12.2009, the petitioner has already been appointed as Physical Training Instructor. The short grievance which still survives, however, is as to whether the petitioner is entitled to be appointed from the date when the C.W.P.No .15723 of 2008 (O&M) 2 candidates lower in merit to him were appointed. The said controversy has been settled in favour of the petitioner by a Division Bench of this Court vide order dated 18.7.2008 (Annexure P-14) passed in CWP No.19703 of 2006 (Gurdeep Kumar versus State of Punjab and others). In this view of the matter, the writ petition is allowed to the extent that the petitioner is entitled to be appointed as Physical Training Instructor (P.T.I.) from the date the candidates below in rank to him in merit, were appointed. The petitioner shall also be entitled to the notional pay fixation from that date, however, without any arrears. The needful shall be done within 3 months. Dasti. 07-01-2010 (SURYA KANT) Mohinder JUDGE