IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.1606 of 2010 Vinod Kumar Vs. The State of Haryana & others Present: Mr.Jagbir Malik, Advocate, for the petitioner. Mr.S.S.Patter, DAG, Haryana, for respondent Nos.1 to 3. Mr.Jagdish Manchanda, Advocate, for respondent Nos.5 & 6. ***** RANJIT SINGH, J. The petitioner has impugned the promotion granted to respondent Nos.5 and 6, who were working as Sweepers. His grievance is that Sweeper would not be eligible for promotion to the post of Clerk. In reply, reference is made to some executive instructions, whereby 20% posts are reserved for those Sweepers, who have five years service to their credit and are matriculate. Those instructions are not under challenge before me. Otherwise also, it cannot be said that a person, who is working as a Class-IV employee, would not be entitled to be promoted to the post of Clerk. Faced with this situation, counsel for the petitioner seeks permission to not press this petition and to file a fresh one, if he has instructions to challenge the vires of the instructions relied upon by the respondents. In the meanwhile, the counsel would plead that now the petitioner is eligible for being considered for promotion as he has now completed five years, which was the reason for not considering him for grant of promotion earlier. The writ petition is dismissed as not pressed. The petitioner would be at liberty to file a fresh petition in case he wishes to challenge the instructions, referred to above. The petitioner may also file a representation for considering his case for promotion, if he has now acquired the eligibility. March 23, 2011 ( RANJIT SINGH ) ramesh JUDGE