43 1 Civil Wt Peti No2523 of 1991 and 4 Civil Wr Petition Nov10316 of 1991 IN THE HIGH COURTFOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision2 May I 8 2011 1 1 0 Ivil Wrlt Petion N0a2523of 1991 Parma Nand and bthers Petltioners I C5 Versus The State of Punjab and others espondents e Z sivil Wri 2etiUon01316 Qf 91 Ranjeet ngh Petitioner versus Z The State of Punjab and another Respondents Oll CORAM HONBLE MR JUSTICE MOHINDER PAL m7 le Whether Reportersof Iocalpapers maY be allowed to see Z the judgment7 2 To 6e referred to the Reportersor not Qa 3 Whetherthe jtldgmentshould be reportedin the Digest7 Presentl MrSumeet Sheokand Advocate for the P Mr Rajiv Senior DeputyAdvocate General Haryanafor the respondents MQHINDER PAL This judJment will dispose of the aforestated two writ petitions as the question involved therein is common ie whether the PtltIOnerS Who are Peons having the qualjfjcatjonof Matrlc a re SACHIN MOR 2015.07.03 16: 04 True Scanned copy of the original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 44 2 Civil Writ Petition Noe2523 of 1991 and V l Civil Writ Ptition N010316 of 1991 1 entitled to be promoted as Clerks from the dates when their juniors were as such AdmittedlY 20 per cent of the posts of Clerks in the respondentDepartment were to be filled up by promotion from amongstthe peons wl are Matriculate The petitioners optedlapplied 1 for being promoted asICierks inthe year 1985 when some vacancles of 2 Clerks became available with the However 0 0 to the utmost shock of the petitioners the Department promoted I persons juniors to the petitionersas Clerks ignoring the claim of the I petitioners The names of the persons who were juniors to the petitioners and were I promotedas CIerks against the 20 percent posts of Clerks in the which were to be filled up by 0 promotion from amorgst the peons who were Matriculate have been Z mentioned by theoetitioners lll these writ petitions The co Z representations made by the petitioners against the action of the co Department of promoting Peons as Clerks who were juniors to the r Wm petitioners were not 0aid any heed Per force the petitioners have to 1 Z invoke the of this Court under Articies 2261227of the Constitution of Indial for seekingthe desired relief The in the written statements filed to these writ petitions did not explain satisfactorily as to why the petitioners were discriminatelyIt has not been denied by the department that persons juniors to the petitioners have been promotedas Clerks against the 20 per cent posts of Clerks in the respondentOepartmentwhich were to be filled up by promotion from arnongstthe peons who were MatricuIate The action of the in promoting the Peons as Clerks who were 1 SACHIN MOR 2015.07.03 16: 04 True Scanned copy of the original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document 3 Civil Writ rtition Noo2523 0f 1991 and rp Civil Writ tion N0010316 of 1991 JUtliors to the petitionersis clearly arbitrary and violative of Articles 14 and 16 0f the Constitution of India In this view of the matter the petitionersare of course entitled to be promoted as Clerks from the dates when their JUniors were promoted as such and a Il orders passed by the m to the contrary deserve r to be quashed 2 Ordered accordingly 0 0 For the aforsaid reasons both these writ petitions are I allowed and the respondentsare directed to promote the petitioners I as Clerks against the 20 per cent posts of Clerks in the respondent 4 2 Department which were to be filled up by promotion frorn amongst the peons who were Matriculate fiom the dates when their juniors 1 were promoted as such All orders passed by the respondentsto the I contrary are quashed he petitloners will be entitled to all the t3 Z consequential benefits 8fter they are promoted as Clerks The c respondents are directedlto extend the necessary relief to the mmo petitionerswithin a periodlof three months from the date of receipt of Z a copy of this judgment tl The RegistryIS irected to place a copy of this judgment in the connected writ petition l 1 6 Datedl Mayl 2011 ak JUDGE 4 SACHIN MOR 2015.07.03 16: 04 True Scanned copy of the original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:50 I attest to the accuracy and integrity of this document