PRITAM SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is a member of the Scheduled Castes. He was appointed as a Senior Lecturer in Medicine on December 3, 1986. It is alleged that there are 15 posts of Assistant Professors in the speciality of Medicine. Under the instructions issued by the State Government, 14% posts are reserved for members of Scheduled Castes. Accordingly, two posts have to be filled up from amongst the members of the Scheduled Castes. Resultantly, the petitioner claims that he is entitled to be promoted to the post of Assistant Professor (Medicine) with effect from December 21, 1989 when a vacancy had become available.

(2.) The respondents contest the petitioner's claim on a two hold basis. Firstly, it has been pointed out that the petitioner had claimed a similar relief by filing CWP No. 7946 of 1991. In this writ petition which was based on similar pleas, the petitioner had prayed for the issue of a writ in the nature of mandamus directing the Respondent-State of Punjab to promote him to the post of Assistant Professor in Medicine with effect from December 2, 1989 or at the least from the last week of December 1989 when Dr. Kajal had been promoted from the post of Assistant Professor to that of Professor of Medicine. This writ petition was disposed of by a Bench of this Court with the following order passed on January 22, 1992 :-

(3.) The petitioner has filed on replication. Counsel for the parties have been heard.