IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.10857 of 2009 Date of Decision: September 07, 2009 Sunita Rani .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. S.K. Arora, Advocate, for the petitioner. Mr. B.S. Chahal, Deputy Advocate General, Punjab for respondent Nos.1 to 4. None for respondent No.5. . . . AJAI LAMBA, J (Oral) This civil writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent No.1 i.e. State of Punjab through Secretary, Department of Education (Schools), Civil Secretariat, Punjab, Chandigarh, to convene the meeting of Departmental Promotion Committee and consider the claim of the petitioner and promote him as Lecturer in Economics w.e.f. 30.5.2008 i.e. the date from CWP No.10857 of 2009 [2] which junior (respondent No.5, Urmila) to the petitioner had been promoted. On consideration of the arguments addressed and pleadings, on 23.7.2009, the following order was passed:- “Learned counsel for the petitioner has pointed out that, the fact that the petitioner is senior to respondent No.5, has been admitted by the District Education Officer in letter dated 12.6.2008 (Annexure P-2). The promotion of the petitioner has been withheld without any legal cause, whereas a person junior to the petitioner i.e. respondent No.5, has been promoted. On making inquiry, the petitioner has been informed that the matter is pending adjudication with the Government and the case would be considered in the meeting of the Departmental Promotion Committee, to be fixed by the Government. Notice of motion for 07.09.2009. On the asking of the Court, Ms. Charu Tuli, Senior Deputy Advocate General, Punjab, accepts notice on behalf of respondent Nos.1 to 4. Four copies of the writ petition be handed over to Ms. Tuli during the course of the day. Respondents No.1 to 4 would clearly give out the reasons as to why the petitioner was ignored at the point in time when a person junior to the petitioner was promoted. Respondents No.1 to 4 shall also clearly state as to when the process of promotion of the petitioner would be initiated. Secretary, Department of Education (Schools), Punjab, would file his affidavit in the above regards. Ms. Tuli will ensure that the affidavit is filed one week before the next date of hearing. It is made clear that if the needful is not done, respondents No.1 to 4 would be burdened with Rs.5,000/- as costs.” Short reply has been filed in Court which is taken on record. It has been pointed out that Order, Annexure R-1, has been issued which would completely satisfy the claim of the CWP No.10857 of 2009 [3] petitioner. Annexure R-1 i.e. order of promotion, reads as under:- “Government of Punjab Department of Education (Education II Branch) Smt. Sunita Rani, Math Mistress, Govt. Senior Secondary School, Loombri Wala, District Ferozepur is promoted as Lecturer Economics (Group B) School Lecturer cadre in the pay school [sic] of Rs.6400-10640 from the date her immediate junior (i.e. 30.5.2008) was promoted as Lecturer Economics. Smt. Sunita Rani is posted as Lecturer Economics at GSSS Hazara Singh Wala District Ferozepur. 2. This order will come into force as [sic] once. Dated Chandigarh the 2nd September, 2009 G.S. Grewal, Secretary to Govt. Punjab, Department of School Education” In view of order, Annexure R-1, main claim of the petitioner has been allowed and petition in that regard has been rendered infructuous. Learned counsel for the petitioner states that it seems that because the petitioner approached this Court, the respondents with a view to harass the petitioner, have posted him at Government Senior Secondary School, Hazara Singh Wala, District Ferozepur, where there is not even a single student who has opted for Economics subject since 1996. The petitioner has been posted at a place where he is left without work. It would be wastage of public money and resources if the petitioner is allowed to stay at the given CWP No.10857 of 2009 [4] place. I have considered the additional contention of the learned counsel for the petitioner. Respondent No.1 i.e. Secretary, Department of Education (Schools), Punjab is directed to consider the issue within a period of two weeks from the date of receipt of certified copy of the order and consider passing of appropriate orders to redress the grievance of the petitioner. Respondent No.1 would further consider continuance of the petitioner at the present place of posting i.e. Government Senior Secondary School, Loombri Wala, District Ferozepur, where post of Lecturer (Economics) is lying vacant since 30.4.2009. The necessary orders be passed and conveyed to the petitioner as directed above. The petition is disposed of with directions as given above. (AJAI LAMBA) September 07, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?