Petitioners challenged orders denying promotion under Para 226/27. The State replied that promotions were subject to pending/Sidhuli court rulings, making the petition infructuous. Vacation listed the Showlist at paragraph 27.
The writ petition was disposed of; the State was directed to take necessary action as per the written statement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP No.15872 of 1992
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No.15872 of 1992 Date of decision:1.04.2013
Hardyal Singh and others
.....Petitioners
Versus
State of Punjab and others .....Respondents
CORAM : HON'BLE MR.JUSTICE G.S.SANDHAWALIA
Present: None for the petitioners.
Mr. Aman Bahri, Addl. Advocate General, Punjab for respondents No.1 and 2.
G.S.Sandhawalia J, (oral).
“That the case of the petitioners for promotion to the post of
CWP No.15872 of 1992
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P.E.S. Class-II (School & Inspection Cadre) were considered by the Departmental Promotion Committee in its meeting held on 10.11.95. Petitioners No.1 & 4 have been given promotion from the due date vide order No.1/29/94-2/Edu-4 dated 14.2.96 and now they are working against the post of P.E.S. Class-II. The case of the petitioner no.2 Sh. Chaman Lal was kept in sealed cover as the disciplinary proceedings were pending against him. Petitioner No.3 Sh. Bachan Singh has retired from Government service on 30.11.94 and he was not given promotion as he was not in Government service at the time of meeting of Departmental Promotion Committee. The earlier promotions of P.E.S. Class-II (School and Inspection Cadre) were made vide Punjab Govt. orders dated 14.2.96 subject to final out come of Civil Appeal No.3792-3794/89 Ajit Singh Janjua & others Vs. State of Punjab & others. Now the Supreme Court has decided the Civil Appeal titled as Ajit Singh Janjua & others Vs. State of Punjab on Ist March, 1996. All the promotions already made are required to be reviewed in the light of this judgment from 1982 onwards. If this case covered under Supreme Court judgment dated Ist March, 1996, he will be considered for promotion as P.E.S. Class-II (School & Inspection Cadre). It is further stated that the case regarding implementation of judgment of Ajit Singh Janjua's case in the light of the later judgment of Shri Jagdish Lal's case is pending before the Hon'ble Supreme Court of India for clarification. In view of the position stated above this writ has become infructuous and is liable for dismissal.”
CWP No.15872 of 1992
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Dr. M.S.Rahi, Advocate, who has since expired. Accordingly, the writ petition is disposed of in view of the above reply of the State, which shall take necessary action as per its written statement, in case it has already not been done.
1.04.2013 Pka
(G.S.Sandhawalia) JUDGE
2 issues framed by the court
Whether the writ petition challenging promotion orders and seeking promotion to Principal posts should be quashed given the stance of the State.
Whether the writ petition is infructuous in light of the Supreme Court decision in Ajit Singh Janjua
1 provisions across 1 enactments
Hardyal Singh
State of Punjab
G.S.Sandhawalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
