IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

CWP. No. 4935 of 2008

Date of Decision: 14.5.2009.

Manoj Kumar and another --Petitioner

Versus

State of Punjab & others --Respondents

CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.

Present:- Mr. Vivek Sharma, Advocate for the petitioner.

Mr. B.S. Chahal, DAG, Punjab.

***

PERMOD KOHLI.J (ORAL)

Both the petitioners were selected by the P.P.S.C for the posts

of Lecturer in the disciplines of Computer Engineering and Garments

Manufacturing Technology respectively. They joined their duties.

Petitioner No.2 was confirmed on 28.3.2000, however, petitioner no.1 was

not confirmed.

The stand of the State-respondent is that on account of stay

order operating for such regularization passed in CWP No. 6615 of 2002 the

services of petitioner no.1 could not be confirmed.

In view of the stand of the respondents, the record of CWP No.

6615 of 2002 was called for. From the record it appears that vide order

dated 29.4.2002 the Govt. of Punjab and its functionaries were directed not

to confirm services of any of the officers/employees appointed on the

recommendations of the Punjab Public Service Commission during the

tenure of Sh. Ravinder Pal Singh Sidhu. This writ petition however, came

to be dismissed vide order dated 7.5.2003 by a Full Bench of this Court.

For Subsequent orders see COCP-2280-2009 Decided by HON'BLE MR JUSTICE RAKESH KUMAR
GARG
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In view of the dismissal of the writ petition, the interim order

stands vacated. There is no legal impediment in confirming the services of

the petitioner no.1.

The petitioners have also sought a direction for the promotion

to the post of Senior Lecturer. Both the petitioners were considered by the

Departmental Promotion Committee in the meeting held on 21.10.2003. A

copy of the Agenda Items is placed on record as Annexure P-4.

From the aforesaid Agenda Items, it appears that names of both

the petitioners were approved for promotion and were placed at Sr. Nos 9

and 11 respectively. Their promotion was withhold on account of the

aforesaid order passed by this Court. Since the CWP No. 6615 of 2002

stands dismissed and the stay order dated 29.4.2002 stands vacated, there

does not seem to be any legal impediment for granting promotion to the

petitioners on the basis of the approval of Departmental Promotion

Committee.

This petition is accordingly allowed with a direction to the

respondents to grant promotion to the petitioners on the basis of the

approval by the DPC with effect from the date other persons were promoted.

Petitioners will be entitled to all consequential benefits.

(PERMOD KOHLI)
JUDGE
14.5.2009
lucky

For Subsequent orders see COCP-2280-2009 Decided by HON'BLE MR JUSTICE RAKESH KUMAR
GARG
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