SUKHWINDER SINGH Vs. STATE OF PUNJAB & ORS.

JUDGEMENT

(1.) (Oral) Sukhwinder Singh has filed this Civil Writ Petition under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing respondents No. 1 and 2 to promote the petitioner to the post of District Ayurvedic and Unani Officer from the post of Ayurvedic Medical Officer, with all consequential benefits, on the basis of seniority list maintained by respondents No. 1 and 2. It has further been prayed that respondents No. 1 and 2 be directed to consider the claim of the petitioner on the promotional post from the date when junior to the petitioner had been promoted.

(2.) Learned counsel for the petitioner has pointed out that the petitioner was appointed as Ayurvedic Medical Officer (for short 'AMO') on regular basis on 24.12.1981 in the Ayurvedic department through regular process of selection, whereas respondent No. 3 was appointed as AMO on 1.4.1985. The name of the petitioner in the seniority list, finds mention at Serial No. 166, whereas that of respondent No. 3 finds mention at Serial No. 222. The petitioner as well as respondent No. 3 belong to Scheduled Castes category. While respondent No. 3 has been promoted, the petitioner has not been promoted.

(3.) Learned counsel for the petitioner has further impressed on the Court that under Rule 8(2) of the Punjab Ayurvedic Department (Class III Technical) Service Rules, 1963 (for short 'the 1963 Rules'), seniority-cum-merit is the criteria. Considering the said criteria, the petitioner is entitled to be promoted as District Ayurvedic and Unani Officer (for short 'DAUO').