IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civl Writ Petition No.22541 of 2010 and Civil Misc.No.11335 of 2011 (O&M) Date of Decision : August 23, 2011. Kulwant Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Rajinder Sharma, Advocate, for the petitioner. Mr.P.C.Goel, Additional Advocate General, 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? --- Surya Kant, J. (Oral) The petitioner who is working as Assistant Engineer in Irrigation Department, Government of Punjab seeks quashing of the order dated 15.11.2010 (Annexure P-1) whereby his junior, namely, respondent No.2 has been promoted as Executive Engineer whereas petitioner has been denied such promotion as he could not achieve the minimum bench marks, i.e., 12 marks. As per the decision taken by the Departmental Promotion Committee, the petitioner secured 11½ marks only, contrary to the requirement of minimum bench marks prescribed under the Government CWP No.22541 of 2010(O&M) [2] policy dated 6.9.2001. The petitioner has now moved an application for amendment of the writ petition on the plea that the down-grading of ACR for the year 2006-2007, allegedly from 'Good' to 'Average', is illegal. In my considered view, the appropriate recourse for the petitioner would be to file a separate petition bringing on record the relevant material to assail the final assessment 'Average' for the year 2006- 2007 recorded by the Accepting Authority. So long as the petitioner's ACR for the year 2006-2007 is 'Average', no fault can be found to the decision of the Departmental Promotion Committee in not recommending his name for promotion to A-Class post of Executive Engineer which is required to be filled in after fulfilling the criteria prescribed in the Government Policy. The application as well as the main writ petition both are accordingly dismissed, however with liberty to the petitioner to file a separate petition challenging his ACR for the year 2006-2007 in accordance with law. Ordered accordingly. Dasti. August 23, 2011 (SURYA KANT) Mohinder JUDGE