RSA No. 3772 of 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 3772 of 2003 (O&M) Date of decision: September 14, 2010 Nachhattar Singh ...Appellant Versus The State of Punjab and others ...Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. PK Goklaney, Advocate, for the appellant. Ms. Rajni Gupta, Additional Advocate General, Punjab. GURDEV SINGH, J. Heard. This second appeal has been filed by Nachhattar Singh- plaintiff/appellant against the judgment and decree dated 25.3.2003 passed by the Additional District Judge—Fast Track Court, Ferozepur, vide which he accepted the appeal preferred by the respondents/defendants against the judgment and decree dated 10.2.1999 passed by the Additional Civil Judge (Sr. Divn.), Ferozepur, decreeing the suit of the plaintiff for declaration to the effect that he is entitled to be promoted as Sub Divisional Engineer from the date of occurring of first vacancy after 1.10.1993 when he became eligible for promotion, with all benefits attached to the said post. In this appeal, the plaintiff filed an application under Section 151 of the CPC for disposal of the case in terms of the judgment dated 24.5.2010 passed by the Division Bench of this court in CWP No. 5809 of 2010 titled Youth Welfare Association versus State of Punjab and others, on RSA No. 3772 of 2003 2 the ground that his case is fully covered by that judgment. Reply to the application has been filed by the State counsel in which passing of the said judgment has been admitted and it has been stated that though the case of the plaintiff is not fully covered by that judgment, yet his case will be considered in the light of that judgment. The plaintiff filed suit on the premise that he was initially appointed as Junior Engineer in Irrigation Department, firstly on temporary basis and then on regular basis, being physically handicapped. He completed 10 years of service on regular basis on 30.5.1993 and also qualified the departmental revenue examination and departmental professional examination. He, thus, became eligible for promotion as Sub Divisional Engineer with effect from 1.10.1993. In view of the reservation in promotion quota for handicapped persons, he was required to be promoted against that quota. He was neither considered for promotion nor was given any such promotion. In the written statement filed by the defendants, the claim of the plaintiff was resisted on the ground that there was reservation quota for the handicapped only at the time of fresh appointment and there was no such quota for promotion. Though the suit of the plaintiff was decreed by the trial court, yet that judgment did not find favour with the first appellate court and his suit was dismissed, on the ground that there was no reservation quota for promotion for handicapped persons for the post of Sub Divisional Engineer and that there was no such government instructions to that effect. After passing of the above said judgment dated 24.5.2010, the whole scenario has changed. As per this judgment, the Punjab State is to RSA No. 3772 of 2003 3 keep 3% posts reserved for promotion for the disabled. That promotion is to be given as per the directions and guidelines to be issued by the Ministry of Personnel. Learned State counsel has submitted that the case of the plaintiff/appellant shall be considered for promotion in the light of the order passed by this court in the above said writ petition. In view of that statement, this appeal is decided to the effect that the respondents/defendants shall consider the case of the plaintiff for his promotion to the next post against 3% reservation for the disabled and if found suitable, as per the direction and the guidelines issued by the Ministry of Personnel, shall promote him as such; as directed in Youth Welfare Association's case (supra) and also in view of the order passed in CWP No. 11467 of 2010 decided on 6.9.2010, which finds mention in the reply so submitted by the State government. September 14, 2010 (GURDEV SINGH ) prem JUDGE Note:- Whether this case is to be referred to the Reporter .....Yes/No