C.W.P. No.390 of 1989 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.390 of 1989 Date of Decision: 11.01.2010 A.N. Madan, Deputy Seed Production Officer, Punjab State Seeds Corporation Ltd., Kartarpur, District Jalandhar ....Petitioner Versus Punjab State Seeds Corporation Limited and others ....Respondents Present: Mr. N.D. Kalra,Advocate for the petitioner. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No ` -.- K. KANNAN J.(ORAL) 1. The writ petition challenges the promotion of 3rd respondent to the post of Regional Manager in the Punjab State Seeds Corporation on the ground that he was senior to the 3rd respondent and the criterion for promotion being merit-cum- seniority and having not stated anywhere that he failed on merit viz-a-viz the 3rd respondent, the 3rd respondent's promotion before him was not justified and that he was entitled to be promoted from the date when his junior was promoted. 2. Although the writ petition has been filed more than two decades back in the year 1989 and the respondents have been C.W.P. No.390 of 1989 -2- served, there is no representation on behalf of the respondents. No counter has been filed to deny the petitioner's contention. The averments in the petition have, therefore, to be taken to be the basis to hold that the petitioner could not have been denied his promotion when his junior was promoted and he shall be treated as having been promoted on the day when his junior was promoted namely on 16.08.1988. Any monetary benefits accruing to the promotion post will have to be re-worked and the petitioner will have the benefit of computation of such monetary benefits on a notional promotion granted to him on the day when his junior was promoted. 3. Learned counsel for the petitioner is unable to state the actual status of the petitioner in the respondent-Corporation as on date and is unable to even vouch for a statement about the continuance of the petitioner with the respondent-Corporation. The petitioner will have only, therefore, the monetary benefits attached to the promotion post and the same shall be re-worked and given the petitioner till the date of his superannuation if he is already superannuated. If he still continues in service, he shall be actually promoted to the higher post on the basis that he was entitled to the promotion post on the day when his junior was promoted and he will also draw higher emoluments attached to the post. 3. The writ petition is allowed in the above terms. The C.W.P. No.390 of 1989 -3- entire exercise shall be done within a period of eight weeks from the date of receipt of copy of the order. (K. KANNAN) JUDGE January 11, 2010 Pankaj*