CWP No.10197 of 2009.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.10197 of 2009 (O&M) Date of Decision: 19.08.2011 **** Rattan Chand . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. Ramesh Sharma, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to direct the respondents to promote him to PES Class-II, namely, as Principal of Senior Secondary School with consequential benefits. (2). Shorn of the details, the petitioner belongs to the reserved category of Scheduled Caste. He initially joined as Master on 11.4.1979 on ad hoc basis but his services were regularized w.e.f. 01.10.1980. The petitioner thereafter approached this Court seeking his promotion as Lecturer. His claim was considered by the respondents and he was granted retrospective promotion as Lecturer w.e.f. 19.01.1987. The consequential benefits are also said to have been paid. CWP No.10197 of 2009.doc - 2 - (3). The petitioner has meanwhile retired from service w.e.f. 28.2.2003. (4). The solitary claim raised on behalf of the petitioner now pertains to his promotion as Principal of the Senior Secondary School (PES Class-II). (5). The official respondents in their reply/affidavit dated 03.11.2010 have categorically averred that :- “It would be worthwhile to mention here that the promotion from the Lecturer cadre to PES-II (School and Inspection cadre) have been made by promoting Lecturer belonging to scheduled caste category who was placed at seniority No.383 and no Lecturer belonging to scheduled caste category junior to the petitioner has been promoted in the cadre of PES-II. Hence the petitioner who is at serial No.606A in the seniority list in Lecturer cadre who has retired on 18.02.2003 is not entitled for promotion to the cadre of PES-II (School and inspection cadre).” (6). It thus appears that the petitioner’s claim for promotion as Principal cannot be accepted unless it is shown that any person junior to him has been promoted during the period when he was fighting for his seniority in the cadre of Lecturer. CWP No.10197 of 2009.doc - 3 - (7). Be that as it may, the writ petition is disposed of with liberty to the petitioner to submit a representation to the competent authority giving instances of promotion of person(s) junior to him in the cadre of Lecturer PES-II. In case such a representation is made, the respondents are directed to consider and dispose of the same by passing a speaking order. Suffice it to observe that if the petitioner is able to prove that his junior(s) have been promoted without considering his claim, it will be imperative upon the competent authority to consider the petitioner for promotion from the due date in accordance with the Rules. (8). The needful shall be done within a period of six months from the date of receipt of a certified copy of this order. (9). Ordered accordingly. Dasti. 19.08.2011 vishal shonkar (S u r y a K a n t) Judge