GURCHARAN SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners are claiming promotion to Class-III post from the quota reserved for Class IV employees. The sole claim of the petitioners is that persons junior to them have been promoted earlier. Thereafter, some writ petitions had been filed in which directions have been given to the respondents to prepare the seniority list of Class-IV employees and consider the claim for promotion to Class-III on the basis of the seniority. The seniority list has been prepared. From the record, however, it would be apparent that certain persons who were junior to the petitioners have been promoted on the basis of directions given by this Court in Civil Writ Petition No. 3736 of 1986 and C.O.C.P. No. 60 of 1995. A perusal of the directions given by this Court in the aforesaid judgments clearly show that the respondents had been directed to consider the claim of the petitioners therein for promotion. It was specifically directed that even if the petitioners therein are found suitable for promotion, they shall not be entitled to back wages but were held entitled to other benefits in the form of seniority for the purpose of promotion.

(2.) At this stage, it is stated by the counsel for the petitioners that during the pendency of the petition, petitioner No. 1 has been promoted to Class-III post with effect from 6.11.2000. The claim of the petitioner No. 1 is, therefore, now restricted to retrospective promotion from the date the persons junior to him were promoted.

(3.) Having considered the entire matter, we dispose of this writ petition with a direction to the respondents to re-examine the case of the petitioners for promotion. If it is found that any persons junior to the petitioners have been promoted, the petitioners be given promotion from the date the persons junior to them have been promoted provided the petitioners fulfill the necessary qualifications and are found suitable for promotion. The respondents are at liberty to take necessary legal action by reverting the juniors if necessary at the time when any senior is to be appointed on Class- III post. Let the necessary exercise be done within a period of three months from the date of receipt of certified copy of this order. However, it is made clear that if the petitioners are now promoted with retrospective effect, they shall not be entitled for any financial benefits for the aforesaid period but they shall be entitled to other benefits such as seniority and fixation of pay. No costs.