PRITHI CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of mandamus directing the respondents to consider his claim for the promotion to the post of Watch and Ward Assistant with effect from November 16, 1967 when Mr. Ajit Singh Nirmal, a person junior to him was promoted. A few facts may be notified.

(2.) The petitioner was recruited as a Frash in the Punjab Vidhan Sabha Secretariat on April 16, 1958. On December 25, 1959, he was promoted as a Peon. In the year 1963, when emergency had been declared, the petitioner opted to join the Army. He was recruited in the Army as a Sepoy on January 10, 1963. He served there till September 18, 1970 when he was discharged. In the meantime, the petitioner was promoted as a Door Keeper with effect from October 1, 1965. He was confirmed as such with effect from November 30, 1967.

(3.) After his discharge from the Army, the petitioner made a request for the grant of benefits which had been granted to his juniors. His claim was rejected vide order dated March 30, 1989. Aggrieved by this order, the petitioner filed Civil Writ Petition No. 1457 of 1991. While this Writ petition was pending, the respondents passed on order dated May 29, 1991 by which it was declared that ''the military service rendered by Sh. Prithi Chand (petitioner) is counted towards seniority, promotion, annual increment, leave and pension in civil, service''. Thereafter, the writ petition was disposed of vide order dated August 6, 1991. It was directed that the petitioner's representation shall be decided expeditiously. The petitioner submitted a representation which was rejected vide dated January 9, 1992. With regard to the petitioner's claim for promotion as Watch and Ward Assistant with effect from November 16, 1967, the representation was rejected on the ground that it was a selection post. It was also observed that the petitioner had already been promoted as Watch and Ward Assistant with effect from April 15, 1974. Aggrieved by this order, the petitioner filed CWP No. 2798 of 1992. It was disposed of by the Motion Bench vide order dated August 19, 1992. It was represented on behalf of the respondents that the petitioners's claim shall be considered. In pursuance of this undertaking, the Deputy Secretary, Punjab Vidhan Sabha Secretariat, conveyed an order dated April 28, 1993 informing the petitioner that ''it is not possible for this Secretariat to give him the benefits of promotion as Watch and Ward Assistant from the date Shri Ajit Singh Normal was appointed ....'' No reason whatsoever was assigned. Thereafter, the petitioner served a notice through his counsel no May 12, 1993. Nothing fruitful ensued. On the contrary, by the order dated August 11, 1993, the petitioner was informed that the post of Watch and Ward Assistant is not a promotional post for the cadre of Door Keepers. Accordingly, his claim was declined. Aggrieved by this order, the petitioner has filed the present writ petition.