Jasmail Kaur And Others vs State Of Punjab And Others

Deepinder Singh Nalwa, J

In the present writ petition, the petitioners are praying for issuance of a writ in the nature of mandamus directing the respondents to consider the case of the petitioners for promotion on the higher posts of Professor/Associate Professor/Lecturer in accordance with Punjab Nursing Education (Group-A) Service Rules, 2016 (for short ‘Rules of 2016’) (Annexure P-5), since the respondents have already filled up the aforesaid posts, falling under the direct recruitment quota.

The issue involved in the present petition is in regard to whether the petitioners who are working on the post of Tutors are eligible to be considered for further promotion on the higher posts.

The stand of the respondents-State in the written statement is that as the petitioners do not have the requisite working/teaching experience in terms of Rules of 2016, as such, they cannot be considered for promotion on the higher post.

During the pendency of the writ petition, short reply by way of an additional affidavit dated 27.11.2025 along with Annexures has been filed on behalf of respondents No.1 to 4. Along with the abovesaid reply, a speaking order dated 21.06.2023 (Annexure R-2/T) passed by respondent No.1 has been attached, wherein it has been held that the petitioners are entitled for the benefit of working experience on their original post, without any financial benefit w.e.f. 14.06.2016.

Learned Senior Counsel for the petitioners submits that once it has been held that the petitioners are entitled for the benefit of working experience while working on the post of Tutor, as such, they are eligible for consideration for promotion to the higher posts.

Learned Senior Counsel for the petitioners, on instructions from the petitioners, submits that he will be satisfied, if a direction is given to the respondents to consider the case of the petitioners for promotions on the higher post taking into consideration the affidavit dated 27.11.2025.

Learned State counsel does not oppose the prayer made by learned Senior Counsel for the petitioners.

In view of the above and without commenting upon the merits of the case, the present petition is hereby disposed of with a direction to the respondents to consider the case of the petitioners for further promotion on the higher posts, in accordance with law/rule, within a period of 04 months from the date of receipt of certified copy of this order.

Pending application(s), if any, shall also stand(s) disposed of.