CWP No.12655 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.12655 of 2007 Date of Decision: 8.5.2009 Mahabir Parshad ...Petitioner V E R S U S State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. Naresh Kaushik, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana AJAY TEWARI J. (ORAL) By this writ petition the petitioner has challenged two orders dated 24.7.2007 whereby his promotion order dated 14.3.2007 has been cancelled. On 15.9.2008 the following order was passed:- “Learned counsel for the State is directed to file an affidavit that at the date, when the Departmental Promotion Committee met, what was the seniority of the petitioner-Mahabir Parshad and what was the seniority of the other Forest Guards on that date. Adjourned to 05.12.2008. Affidavit be filed within four weeks with a copy in advance to the opposite counsel.” Consequent to that the petitioner has now filed affidavit dated 10.02.2009, para 3 of which is reproduced herein below:- “There after on 30.1.2006 another Departmental CWP No.12655 of 2007 -2- Promotion Committee was held in which name of petitioner was considered for promotion. But he could not be promoted because his record was not made available to the D.P.C. but because he was otherwise eligible therefore. “A post was kept reserved” for him. So as per departmental seniority list, D.P.C. and official record the petitioner deserves promotion w.e.f. 30.1.2006 which department agrees.” No rejoinder has been filed to this affidavit. In view of the categoric averment in the affidavit that even as per the respondents, the petitioner deserves to be promoted on 30.1.2006 the impugned order is set aside and the respondents are directed to pass a fresh order in view of the above averment. The needful be done within a period of one month from the date of receipt of a certified copy of this order. Consequently, this writ petition is disposed of. ( AJAY TEWARI ) May 08, 2009 JUDGE ashish