MADAN LAL Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THROUGH the present writ petition, the petitioner seeks quashing of order dated 17.09.2012 (Annexure P -15), through which his representation to promote him as Accountant Grade -II w.e.f. 20.08.1993 - the date when his junior Dharam Pal - respondent no. 3 has been promoted, has been rejected. He further seeks a direction to the official respondents to promote him as Accountant Grade -II w.e.f. 20.08.1993 i.e. from the date when respondent no. 3 - his junior has been promoted.

(2.) THE petitioner, respondent no. 3 Dharam Pal and one Anil Kumar were working as Clerks in different Municipal Councils in the State of Punjab. It is the admitted position that after the passing of the prescribed departmental accounts examination with the requisite number of years of service, Clerks are eligible for promotion to the next higher post of Accountant Grade -II and that the inter -se seniority of the Clerks is determined from the date they pass the departmental accounts examination. It is further the admitted position that Anil Kumar passed the departmental examination in the year 1984, the petitioner passed the same in the year 1985, whereas respondent no. 3 passed the departmental examination in the year 1987. In view of the above admitted position, Anil Kumar and the petitioner were senior to respondent no. 3 - Dharam Pal, but respondent no. 3 was promoted to the post of Accountant Grade -II on 20.08.1993, whereas the above said - Anil Kumar was promoted as Accountant Grade -II in the year 1995 and the petitioner on 20.09.2000. In view of the above, Anil Kumar approached this Court through C. W.P. No. 11424 of 1993 - Anil Kumar vs. The State of Punjab and others, which through order dated 18.01.2010, was allowed by passing the following order : -

(3.) THE above referred judgment was taken up in appeal through L. P.A. No. 846 of 2010, which was also dismissed on 22.07.2010, through the following order : -