IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.8022 of 2010 Date of decision: 27.01.2011. Mohinder Singh Sohi ......Petitioner Versus State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE SURYA KANT Present: Mr. H.S.Sethi, Advocate for the petitioner. Ms. Sudeepti Sharma, Deputy Advocate General, Punjab. Mr. Sameer Sachdeva, Advocate for respondent No.3. ******* 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? ******* SURYA KANT, J. (ORAL) The petitioner is working as Assistant Municipal Engineer in the Municipal Council, Barnala. He seeks a mandamus for his promotion to the post of Municipal Engineer with effect from the date, respondent No.3 was promoted. The petitioner urges that though he is senior to respondent No.3 as a Junior Engineer but the latter was promoted as Assistant Municipal Engineer against a roster point and in view of the settled law in Ajit Singh Janjua-II Versus State of Punjab and Ors., 1999 (7), S.C.C. 209, his claim for restoration of seniority in the cadre of Assistant Municipal Engineer is required to be determined keeping in view the State Government order Civil Writ Petition No.8022 of 2010 -2- dated 02.09.2009 (Annexure P-3), followed by his consequential promotion as Municipal Engineer from the date when respondent No.3 has been promoted. The State Government as well as respondent No.3 have filed their respective affidavits. It is averred in the state's reply that “the case of the petitioner for the fixation of seniority as Assistant Municipal Engineer is under active consideration of the Government and is likely to be decided shortly and his name in the seniority list of Assistant Municipal Engineer shall be included at an appropriate stages and the consequential benefits like fixation of pay in the cadre would also be taken care of accordingly.” In view of the above reproduced categoric stand taken by the official respondents coupled with the fact that the petitioner is due for his retirement with effect from 31.05.2011, the writ petition is disposed of with a direction to respondent No.1 to determine the petitioner's seniority by 11.03.2011 in accordance with laws, followed by his promotion, if found entitled, on or before 25.03.2011. A compliance report shall be filed in the Registry by 31.03.2011. Let the copy of this order be handed over to learned Deputy Advocate General, Punjab for information and necessary compliance. Ordered accordingly. Dasti. 27.01.2011 (SURYA KANT) Gagan JUDGE