IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Civil Writ Petition No.5334 of 2009
Date of Decision: September 02, 2009
Nakshatar Singh
.....PETITIONER(S)
VERSUS
State of Punjab & Others
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Dr. M.L. Sachdeva, Advocate, for
the petitioner.
Ms. Charu Tuli, Senior Deputy
Advocate General, Punjab.
. . .
AJAI LAMBA, J (Oral)
This petition has been filed under
Article 226/227 of the Constitution of India
praying for issuance of a writ in the nature of
certiorari, setting aside Letter dated 23.12.2008
under which the case of the petitioner for grant
of benefits under the Assured Career Progression
Scheme was returned on the ground that results of
the petitioner are less than 50%. Prayer has also
been made for issuance of a writ in the nature of
mandamus directing the respondent-department to
clear the Assured Career Progression step up of
CWP No.5334 of 2009 [2]
14 years, as per Instructions dated 14.8.2006.
It has been pleaded in the petition
that the petitioner was appointed as Science
Master in Government High School, Jalalabad,
District Ferozepur on 1.9.1977. The petitioner
was promoted as Lecturer in Chemistry and joined
on regular basis on 20.11.1987. The petitioner
has been working satisfactorily. Claim for
proficiency step up under Assured Career
Progression Scheme after rendering 14 years of
service was submitted. The case was recommended
by the Pricipal. Proficiency step up to the
petitioner under Assured Career Progression
Scheme became due on 1.11.2006. The District
Education Officer (S), Patiala rejected the case
of the petitioner with the objection that results
of the petitioner are less than 50% and
therefore, the petitioner was not entitled to
increment under Assured Career Progression
Scheme. It is however the admitted case that
there is no enquiry pending against the
petitioner and the Annual Confidential Reports of
the petitioner are good.
Learned counsel for the respondents
states that vide Order dated 21.8.2009,
Government of Punjab, Department of School
Education has issued instructions to the effect
CWP No.5334 of 2009 [3]
that the issue has been reconsidered and the
cases of all the employees who have been ignored
for promotion on account of poor results, should
be reviewed.
Learned counsel for the respondents
states that the case of the petitioner for giving
benefit under the Assured Career Progression
Scheme would be considered, dehors the results of
the petitioner.
In view of the statement of learned
counsel for the respondents, this petition is
disposed of with direction to the respondents to
consider the case of the petitioner for grant of
relief under the Assured Career Progression
Scheme, within three months of receipt of a
certified copy of the order.
(AJAI LAMBA)
September 02, 2009 JUDGE
avin
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?