CWP No. 773 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 773 of 2011 Date of decision: 10.08.2011 Sudesh Kumari ...Petitioner versus Principal Secretary to Govt. of Punjab, Department of Education, Punjab ,Civil Secretariat, Chandigarh and another ....Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. S.B. Nagpal, Advocate for the petitioner Mr. Praveen Chander Goyal, Addl.A.G, Punjab *** RITU BAHRI, J. (Oral) The petitioner is seeking writ in the nature of mandamus to the respondents directing them to amend the impugned order (annexure P-3) dated 21.08.2009 changing the date of promotion of petitioner to 26.11.1985 or to any other date, when junior to him (P-4 to P-8) in Class III in the cadre of a Library Restorer/SLA or clerk was promoted. The petitioner is a matriculate and joined on the post of Class IV on 11.10.1978 in the department of respondent No. 2 on regular basis. Since 1972, there was a scheme for granting promotion to Class-IV employees against 10% quota of Class III employees. This quota was increased to 15% on 27.10.1988. Thereafter, some class IV employees had approached this Court by filing CWP No. 7586 of 1999, decided on 06.01.2003 claiming promotions to Class III posts on the basis of instruction issued by State of Punjab reserving 10 % of the posts in Class III to be filled by promotion from CWP No. 773 of 2011 -2- Class IV. This writ petition was disposed of on 06.01.2003 (Annexure P-2) and directions were issued to the respondents to consider the case of the petitioners for promotion from Class III to Class IV from the date the juniors to them have been promoted. The aforesaid judgment was challenged and the SLP was dismissed. The petitioners filed COCP No. 1415 of 2003 where on a statement made by the learned Senior Deputy Advocate General, Punjab Mr. M.C. Berry that the petitioners have been promoted and they will be allowed to join on the promoted post within a period of four months. This contempt petition was disposed of vide order dated 01.12.2003. The petitioners were not given the consequential benefits and arrears of salary. Thereafter, they filed CWP No. 13211 of 2007 titled as 'Ram Dass and others vs. State of Punjab and others'. This petition was allowed and the respondents were directed to release all consequential benefits including the arrears of salary in implementation of the judgment dated 06.01.2003 from the retrospective date of promotion granted to the petitioners, within a period of four months. Mr. Praveen Chander Goyal, Addl.A.G, Punjab, learned State counsel does not dispute that the relief claimed by the petitioner is covered and finally settled vide judgment dated 19.03.2009 (Annexure P-13) The present writ petition is disposed of with a direction to the respondents to decide the claim of the petitioner, within a period of four months from the date of receipt of a certified copy of this order, in terms of CWP No. 13211 of 2007 titled as 'Ram Dass and others vs. State of Punjab CWP No. 773 of 2011 -3- and others', decided on 19.03.2009 with all consequential benefits August 10, 2011 ( RITU BAHRI ) G.Arora JUDGE