HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.8397 of 2007 (O&M) Date of Decision: 23.08.2011 **** ASI Madan Lal . . . . Petitioner VS. State of Punjab & Ors. . . . 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. GS Bal, Advocate for the petitioner Mr. PC Goyal, Addl. AG Punjab ***** SURYA KANT, J. (ORAL) (1). The petitioner joined the Punjab Police as an Assistant Sub Inspector by way of direct recruitment in the year 1993 and he was posted at Punjab Police Academy, Phillaur. (2). The non-allocation of range to the petitioner for the purposes of cadre seniority etc. led to his juniors marching over him in the matter of promotion as Sub Inspectors. The petitioner’s immediate junior, as per the merit list of ASIs, is said to have been promoted as Sub Inspector vide order dated 4.7.2006 (Annexure P10). The petitioner, on the other hand, was promoted and that too cwp no.8397 of 2007.doc - 2 – during the pendency of this writ petition w.e.f. 01.04.2010. (3). The respondents have now filed an additional affidavit dated 23rd August, 2011 which is taken on record. It is stated therein that on the recommendations of the Officers’ Committee constituted by this Court in a bunch of cases including in Ranjit Singh & Ors. v. State of Punjab & Ors. (CWP No.566 of 2010), the seniority of ASIs and Sub Inspectors have been re-casted and the petitioner has been assigned promotion as Sub Inspector w.e.f. 28th June 2007 instead of 1.4.2010 in the District police cadre. (4). The petitioner’s claim thus has been substantially (but not fully) accepted. (5). The short grievance of the petitioner which still survives is his claim for promotion as SI w.e.f. 4.7.2006 when his junior namely ASI Balbir Singh was promoted. It is contended by the petitioner that his claim for promotion from the deemed date was liable to be considered in accordance with Rule 13.4 of the Punjab Police Rules as were applicable prior to the Punjab Police Act, 2007 came into force w.e.f. 23.02.2008 (6). Ordinarily, a person higher in merit position at the time of recruitment in the basic cadre cannot be deprived of cwp no.8397 of 2007.doc - 3 – promotion, granted to his junior merely on the basis of incidental factors like allocation of range or posting where his next promotion is delayed for no fault on his part. (7). The writ petition is accordingly disposed of with liberty to the petitioner to submit a representation regarding his claim for promotion from the year 2006 and the same shall be considered and disposed of by the Officers’ Committee in accordance with law/Rules within a period of six months from the date of receipt of a certified copy of this order. (8). Meanwhile, the petitioner shall be granted consequential service benefits based upon the revised date of promotion as Sub Inspector assigned to him. (9). Ordered accordingly. Dasti. 23.08.2011 Vishal shonkar (S u r y a K a n t) Judge