Civil Writ Petition No.20187 of 2009 : 1 : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: OCTOBER 26, 2010 Smt.Balvinder Kaur .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. Naveen Daryal, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. Mr.Sanjeev K. Tamak, Advocate, for respondent No.4. Mr.Naveen Sharma, Advocate, for respondent No.5. **** RANJIT SINGH, J. It may sound a bit strange to notice that petitioner has filed this petition seeking quashing of the order of her promotion passed on 29.10.2009 qua the petitioner promoting her to the post of Public Health Nurse. As per the petitioner, this order is illegal, arbitrary, discriminatory and not binding upon the petitioner. As per Civil Writ Petition No.20187 of 2009 : 2 : the petitioner, she has never applied for promotion to the post of Public Health Nurse and has been so promoted despite her written request to the contrary. As averred in the petition, services of the petitioner have been regularised w.e.f. 5.7.1985 and she has completed approximately 27 years of service. The petitioner claims that she has qualified the diploma in Nursing Education & Administration for being eligible for promotion to the post of Sister Tutor. She was accordingly promoted as Sister Tutor on 14.6.2007 and since then has been made to work on the post of Staff Nurse. As per the petitioner, number of persons junior to her were promoted to the post of Sister Tutor and so she made a representation, which is still pending. Instead of allowing the petitioner to work on the post of Sister Tutor, she has been promoted as Public Health Nurse despite the fact that she had expressed her unwillingness for promotion to the said post. Grievance of the petitioner is that she had already applied for promotion to the post of Sister Tutor and hence is not interested in getting promotion to the post of Public Health Nurse. In reply, the respondents would dispute the maintainability of the petition. It is also submitted that no post of Sister Tutor is lying vacant on which the petitioner can be adjusted. Her promotion to the post of Public Health Nurse is accordingly justified. Prima-facie, claim to seek quashing of the promotion order would appear unheard of. If the petitioner herself is seeking quashing of her promotion order, then that prayer may not be denied to her. The promotion order of the petitioner is accordingly quashed. While so directing, it is made clear that the petitioner would not be eligible for this promotion since Civil Writ Petition No.20187 of 2009 : 3 : she has voluntarily foregone the same. So far as her claim for promotion to the post of Sister Tutor is concerned, the same has already been allowed as averred in the petition on 14.6.2007. No further direction, therefore, need to be issued in this regard and the petitioner could be asked to work on the posts, which are available. The writ petition is accordingly disposed of. October 26, 2010 ( RANJIT SINGH ) ramesh JUDGE