Dr. Kuldip Singh vs State of Punjab and Others

Permod Kohli, J.—Notice of motion.

Mr. B.S. Chahal, DAG, Punjab has been asked to accept notice on behalf of respondents-State. Requisite copies of complete paper book be furnished to him during the course of the day.

The petitioner is holding the post of Senior Ayurvedic Physician/District Ayurvedic Officer. The petitioner was given current duty charge of the said post on 20.9.2005. Thereafter, petitioner was regularly posted as District Ayurvedic and Unani Officer w.e.f 1.9.2008. The petitioner has filed this writ petition claiming the benefit of promotion w.e.f. 31.1.2005. It is alleged that similarly situated persons have already been granted such benefit pursuant to the directions of this Court in CWP No. 2149 of 2007 decided on 28.7.2008. The petitioner has also served a legal notice dated 15.2.2009 (Annexure P-6) but no decision has been taken thereon till date.

Learned Counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the respondents to take decision on the legal notice of the petitioner in the light of the judgement, referred to above.

In view of the above, this petition is disposed of with a direction to the respondents to take decision on the legal notice of the petitioner in the light of the judgement, referred to above and if, there is no legal impediment, the appropriate relief be granted to the petitioner within a period of three months from the date certified copy of this order is served upon the competent authority. However, in the event the claim of the petitioner is to be rejected, the same shall be by a reasoned and speaking order.