Dalbir Chand v. State Of Punjab And Another

CWP-4341-2024 (O&M) 2024:PHHC: - 1-


























































 

  
   





CWP-4341-2024



  
















  

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1.
The present Civil Writ Petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents authorities to consider the case of the petitioner for promotion to the post of foreman instructor.

2.
Learned counsel would contend that the petitioner was not granted promotion to the post of Foreman Instructor, while his junior-Jasbir Singh was promoted, when the DPC dated 15.07.2008 was held, on account of the fact that he had 11 marks instead of required 12 marks, which was the error on the part of Assistant, who prepared the agenda, which fact has been admitted by the Department in a reply given to the letter dated 28.09.2020, Annexure P-7, wherein it was also mentioned that the seniority list would be finalised, upon which his case would be considered. Thereafter, a legal notice was served upon respondents on 14.10.2022, Annexure P-8. He relies on a communication dated 23.10.2023, Annexure P-9, addressed by Under Secretary, Punjab to Director, Technical Education and Industrial Training, wherein at serial No.1, it has been so stated that MOHIT 2024.02.27 10:13 I attest to the accuracy and authenticity of this order/judgment

CWP-4341-2024 (O&M) 2024:PHHC: - 2-




















































the case of the petitioner for claiming promotion from back date is pending, however, no decision has been taken thereon. He thus, at this stage, on instructions, submits that the petitioner is sanguine of it being considered in a positive manner, in case, a direction is given to the respondents to decide the same in a time bound manner by granting him an opportunity of hearing. 3.
Notice of motion.

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!#  accepts notice on behalf of the respondent-State and on instructions from Mr. Manoj Kumar, Lecturer, Department of Technical Education submits that the case of the petitioner is under active consideration and has no objection to the limited prayer made.

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7 MOHIT 2024.02.27 10:13 I attest to the accuracy and authenticity of this order/judgment