IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10883 of 2004 Date of decision: 21st September, 2010 Jyoti Mitter and another … Petitioners Versus Union of India and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. I.D. Singla, Advocate for the petitioners. Mr. Amit Rao, Advocate for Mr. S.K. Sharma, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioners are employed as Constables Linemen in the Border Security Force, Frontier Headquarters, Punjab, Jalandhar. Grievance of the petitioners is that no promotional avenue has been provided to the Constable Linemen even though they are technically qualified and are possessing the qualifications of Matric and ITI Diploma. Counsel for the petitioners has relied upon ‘Raghunath Prasad Singh v. Secretary, Home (Police) Department, Government of Bihar and others’ AIR 1988 Supreme Court 1033 to say that an employee has at least one right of promotion during his service career. To fortify this submission, further reliance has been placed upon ‘Council of Scientific and Industrial Research and another v. K.G.S. Bhatt and another’ AIR 1989 Supreme Court 1972 and ‘Food Corporation of India and others v. Parashotam Das Bansal and others’ (2008) 5 Supreme Court Cases 100. Civil Writ Petition No.10883 of 2004 Present writ petition was filed in the month of July, 2004 and a Division Bench of this Court, on 23rd July, 2004, passed the following order: “On the basis of judgment of Hon’ble Supreme Court in Raghunath Prasad Singh versus Secretary, Home (Police) Department, Government of Bihar and others, AIR 1988 SC 1033 and some other judicial precedents, inter-alia, contends that an employee has at least one right of promotion during his service career. Admit. In view of the fact that prayer made in the present petition is for promotion and in normal routine the matter would come for final hearing after ten years, thus, almost frustrating the relief asked for in the present petition, list this matter for hearing within six months after the respondents are served.” In response thereto, on 20th November, 2004 written statement has been filed by respondents No.1 to 3, wherein they have stated that Frontier Head Quarter has already taken up the matter with the Ministry of Home Affairs and after due consideration, the matter would be finalized shortly. Relevant portion of the written statement reads as under: “2. … … … FHQ has already taken up said case with MHA and the issue regarding promotion avenue of Constables (Technical) of Engg. Cadre is under examination and it will take some time in finalization.” A period of six years is going to elapse. Counsel for the respondents is not in a position to acquaint this Court as to whether any final decision has been taken or not. Thus, the present petition is disposed of by directing respondents Nos.1 and 2 to take a final decision regarding the grievance made by the petitioners in the present petition, 2 Civil Writ Petition No.10883 of 2004 within a period of six months from the date of receipt of a certified copy of this order. No costs. [KANWALJIT SINGH AHLUWALIA] JUDGE September 21, 2010 rps 3