OM PARKASH KALIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this writ petition, the petitioner claiming himself senior to respondents No. 3 to 5 for consideration for promotion as Deputy Superintendent, has prayed for a writ of mandamus directing respondents No. 1 and 2 to promote him to the post of Deputy Superintendent, w.e.f. the date, respondents No. 3 to 5 have been promoted.

(2.) Counsel for the petitioner argued that the petitioner and the private respondent were Assistant Superintendent Jail and on 15.3.1986 the petitioner was promoted as Senior Assistant Superintendent Jail, and therefore, he should have been preferred to the private respondents in promotion, having already been promoted to a senior post than the post of Assistant Superintendent Jail. The rule regarding promotion as Senior Assistant Superintendent Jail is rule 7(2) of the Punjab Prisons Service (Class-II) Rules, 1963. It is as under :-

(3.) In the written statement, para 251 of the Punjab Jail Manual is reproduced. The same is also reproduced as under :-