CWP No.4197 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.4197 of 2009 (O&M) Date of Decision: 29.01.2010 **** Jagir Singh . . . . Petitioner VS. State of Punjab and another . . . . . 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. Sandeep Jain, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 05.02.2009 (Annexure P4) vide which his promotion order dated 18.02.2008 (Annexure P1) to the post of Deputy Superintendent of Police, has been withdrawn. (2). Notice of motion was issued and in response thereto, the respondents have filed their counter- reply in which it is averred that a revised seniority list is being finalized in terms of the undertaking given before this Court in CWP No.2153 of 2008 rendered in Krishan Kumar and others vs. CWP No.4197 of 2009.doc - 2 – State of Punjab and others disposed of on 20.02.2008. It is further averred that the petitioner’s claim cannot be considered on account of the statement made in the aforementioned writ petition to the effect “that no promotion shall be made till the seniority dispute is decided”. (3). Today vide a separate order passed in COCP No.1826 of 2008, contempt proceedings initiated against the respondents for the alleged willful disobedience of their undertaking have been dropped. Since the seniority list also now stands finalized, the statement made by the respondents at the bar, referred to above, has also become infructuous. There is, thus, no legal embargo against considering the petitioner for promotion as Dy.SP in terms of the revised seniority list. (4). The writ petition is disposed of with a direction to the respondents to consider the claim of the petitioner for promotion to the rank of Deputy Superintendent of Police with effect from the date when his alleged juniors are said to have been promoted with all consequential benefits. The needful shall be done preferably within a period of CWP No.4197 of 2009.doc - 3 – four months from the date of receipt of certified copy of this order. (5). Dasti . (SURYA KANT) JUDGE 29.01.2010 vishal shonkar