CWP No.570 of 2009%5D.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.570 of 2009 Date of Decision: 07.07.2010 **** Balbir Singh . . . Petitioner VS. State of Haryana 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. RN Sharma, Advocate for the petitioner Mr. Ravi Dutt Sharma, DAG Haryana ***** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to direct the official respondents to promote him to the post of Laboratory Assistant with effect from 16.11.2006 (Annexure P2) when his juniors, namely, Harbans Singh and Jaspal Singh have been promoted. (2). Upon notice of motion, the official respondents have filed their counter-affidavit with the solitary plea that promotions to the post of Laboratory Assistant have been made on the basis of seniority of Meter Mechanics whereas “the petitioner is not working in M&P Circle and is posted as ALM in “OP Sub- Division Nagura”. CWP No.570 of 2009%5D.doc - 2 – (3). On the other hand, the petitioner has placed on record the seniority list of Meter Mechanics (Annexure P1) in which he is placed at Serial No.13 and which clearly depicts that he was promoted as work-charged Meter Mechanic w.e.f. 06.02.1979. The junior, namely, Harbans Singh who has now been promoted is placed at Serial No.26 in the said seniority list. (4). The stand taken by the respondents, thus, appears to be factually incorrect. The writ petition is accordingly allowed and the respondents are directed to consider the petitioner for promotion as Laboratory Assistant w.e.f. 16.11.2006 when his juniors were promoted. In case the petitioner is found suitable, it is directed that he shall be promoted from the due date with all consequential service benefits. (5). The needful shall be done within a period of three months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. (7). Dasti . (SURYA KANT) JUDGE 07.07.2010 vishal shonkar