IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.12201 of 2009 (O&M) Date of Decision : 08.01.2010. Ajay Kumar Pandey .....Petitioner versus State of Punjab and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.R.N.Raina, Advocate and Mr.Daman Dhir, Advocate, for the petitioner. Mr.B.S.Chahal, DAG, 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? --- ORDER Surya Kant, J. (Oral) In this Civil Writ Petition, the petitioner seeks a direction for his promotion as Deputy Inspector General of Police from the date his juniors in CRPF have been promoted w.e.f. 16.10.2008 (Annexure P-10). The aforesaid relief has been sought by the petitioner in terms of Rule 6 of the Punjab Absorption of Officers of Para-military Forces (Group `A') Services Rules, 2005 (hereinafter referred to as the `2005 Rules'). Notice of motion was issued and pursuant thereto, the official respondents have filed their counter reply also. C.W.P.No .12201 of 2009 (O&M) 2 During the course of hearing, Mr.B.S.Chahal, learned State counsel informs that the petitioner has since been promoted as Deputy Inspector General of Police vide order dated 30.12.2009. Learned counsel for the petitioner, however, submits that the petitioner is entitled to be promoted w.e.f. 16.10.2008 when his two juniors, namely, Mr.Sudhakar Upadhyay and Mr.Satpal Rawat were promoted vide order dated 16.10.2008 (Annexure P-10). Rule 6 of the 2005 Rules reads as follows:- “A member of the service will be entitled for consideration for promotion on the date on which his junior in parent force is promoted. But the promotion shall be made according to the relevant rules and instructions of the Punjab Government.” From the unambiguous language of the Rule, it appears that the petitioner is entitled to be considered for promotion from the date when his juniors in the parent force have been promoted. The promotions of S/Sh.Sudhakar Upadhyay and Satpal Rawat as Deputy Inspector General of Police in the CRPF on 16.10.2008 is not in dispute nor their placement below the petitioner in seniority list maintained in the said parent force is questioned. Nothing has been brought on record which could deprive the petitioner from his right to consideration from the due date. The writ petition is accordingly disposed of with a direction to the respondents to re-consider the claim of the petitioner for promotion as Deputy Inspector General of Police retrospectively w.e.f. 16.10.2008 in C.W.P.No .12201 of 2009 (O&M) 3 terms of Rule 6 of the 2005 Rules. Suffice it to observe that in case the petitioner is found entitled for such promotion, the necessary consequences shall also follow. Needful be done within a period of 4 months from the date of receiving a certified copy of this order. Disposed of. Dasti. 08-01-2010 (SURYA KANT) Mohinder JUDGE