IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.5334 of 2009 Date of Decision: September 02, 2009 Nakshatar Singh .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Dr. M.L. Sachdeva, Advocate, for the petitioner. Ms. Charu Tuli, Senior Deputy Advocate General, Punjab. . . . AJAI LAMBA, J (Oral) This petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari, setting aside Letter dated 23.12.2008 under which the case of the petitioner for grant of benefits under the Assured Career Progression Scheme was returned on the ground that results of the petitioner are less than 50%. Prayer has also been made for issuance of a writ in the nature of mandamus directing the respondent-department to clear the Assured Career Progression step up of CWP No.5334 of 2009 [2] 14 years, as per Instructions dated 14.8.2006. It has been pleaded in the petition that the petitioner was appointed as Science Master in Government High School, Jalalabad, District Ferozepur on 1.9.1977. The petitioner was promoted as Lecturer in Chemistry and joined on regular basis on 20.11.1987. The petitioner has been working satisfactorily. Claim for proficiency step up under Assured Career Progression Scheme after rendering 14 years of service was submitted. The case was recommended by the Pricipal. Proficiency step up to the petitioner under Assured Career Progression Scheme became due on 1.11.2006. The District Education Officer (S), Patiala rejected the case of the petitioner with the objection that results of the petitioner are less than 50% and therefore, the petitioner was not entitled to increment under Assured Career Progression Scheme. It is however the admitted case that there is no enquiry pending against the petitioner and the Annual Confidential Reports of the petitioner are good. Learned counsel for the respondents states that vide Order dated 21.8.2009, Government of Punjab, Department of School Education has issued instructions to the effect CWP No.5334 of 2009 [3] that the issue has been reconsidered and the cases of all the employees who have been ignored for promotion on account of poor results, should be reviewed. Learned counsel for the respondents states that the case of the petitioner for giving benefit under the Assured Career Progression Scheme would be considered, dehors the results of the petitioner. In view of the statement of learned counsel for the respondents, this petition is disposed of with direction to the respondents to consider the case of the petitioner for grant of relief under the Assured Career Progression Scheme, within three months of receipt of a certified copy of the order. (AJAI LAMBA) September 02, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?