LAWS(P&H)-2006-4-51

MAJOR SINGH Vs. STATE OF PUNJAB

Decided On April 18, 2006
MAJOR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Learned counsel for the petitioner states that the Departmental Promotion Committee considered the claim of the petitioner for promotion to the post of Principal on 23.5.2001. At the time of consideration of the claim of the petitioner, his name in the seniority list of lecturers was at Sr.No.286 and that of one Nirbhey Singh (respondent no.3) figured at Sr.No.294. It is pointed out that the aforesaid Nirbhey Singh has been promoted to the post of Principal under the rule of seniority-cum-merit whereas, the petitioner had a prior right of promotion over the said Nirbhey Singh. It is further pointed out that without any opportunity of hearing to the petitioner, the seniority list depicting the name of the petitioner at Sr.No.286 has been altered to 370.

(2.) As against the aforesaid contention of the learned counsel for the petitioner, in paragraph 1 of the preliminary submissions in the joint written statement filed on behalf of respondents no.1 and 2, it is averred as under :-

(3.) In view of the clear and categoric stand adopted by the respondents in the written statement, namely, that all persons junior to the petitioner, who were wrongfully promoted (except those like respondent no.3, who have since retired from service), have since been reverted, we are satisfied that no further action is called for in the instant matter. The petitioner can not be granted any benefit on account of the fact that a wrongful benefit was granted to respondent no.3. Dismissed.