IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.1280 of 2010 (O&M) Date of Decision : 27.01.2010. Dr.Mukhtiar Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.R.K.Arora, 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) Notice of motion to respondent Nos.1 & 2 only at this stage. Ms.Charu Tuli, Senior Deputy Advocate General, Punjab, accepts notice on their behalf. In view of the nature of the order which I propose to pass, there is no necessity to seek any counter-reply from the respondents at this stage. The petitioner joined the Department of Ayurveda on adhoc basis on 5.10.1976. That post was later on re-designated as Ayurvedic Medical Officer. The services of the petitioner were regularized vide order C.W.P.No .1280 of 2010 (O&M) 2 dated 7.5.1985. He is working as such till date and is due for retirement on attaining the age of superannuation on 30.4.2010. The petitioner seeks a mandamus to direct the official respondents to promote him to the post of District Ayurvedic & Unani Officer from the date his junior, namely, Dr.Sudharshan Kumar-respondent No.3, has been promoted. The case of the petitioner is that respondent No.3 has throughout been treated as junior to him but has been promoted as District Ayurvedic & Unani Officer without considering the claim of the petitioner. The petitioner is stated to have made a representation and upon consideration thereof, the Director, Ayurveda, Punjab-respondent No.2, also made recommendations vide letter dated 6.5.2009 (Annexure P-3) that the petitioner is entitled to be assigned seniority above Dr.Sudharshan Kumar-respondent No.3 and is also entitled for the consequential promotion as District Ayurvedic & Unani Officer. No decision appears to have been taken by the State Government on the afore-stated recommendations. As noticed earlier, the petitioner is due for retirement on 30.4.2010 on attaining the age of superannuation. In these circumstances, however, without expressing any views on the merits of the petitioner's claim or his assertion that he is senior to respondent No.3, I deem it appropriate to dispose of this writ petition with a direction to the Principal Secretary to the Government, Department of Health and Family Welfare, Punjab, namely, respondent C.W.P.No .1280 of 2010 (O&M) 3 No.1, to consider the recommendation dated 6.5.2009 (Annexure P-3) received from the Directorate of Ayurveda, Punjab, and take an appropriate decision in the matter by 28.2.2010. Suffice it to observe that in case the petitioner is found senior to respondent No.3, he shall be considered for promotion as District Ayurvedic & Unani Officer, followed by the consequential benefits etc. before the aforesaid date. Disposed of. Dasti. 27-01-2010 (SURYA KANT) Mohinder JUDGE