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Gurdip Singh Cheema Vs State of Punjab and Others

Case No: Civil Writ Petition No. 20562 of 2010

Date of Decision: Nov. 18, 2010

Acts Referred: Constitution of India, 1950 — Article 226, 227

Hon'ble Judges: Ajai Lamba, J

Bench: Single Bench

Final Decision: Dismissed

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Judgement

Ajai Lamba, J.@mdashThis petition has been filed underArticle 226/227 of the Constitution of Indiapraying for issuance of a writ in the nature

ofmandamus directing the Respondents to considerand grant the Petitioner promotion to the post ofLecturer from the date person junior to

thePetitioner viz. Respondent No. 4, has been givenpromotion, with all consequential benefits.

2. For claiming the relief abovementioned, the Petitioner relies on Rule 9 ofPunjab State Education Class-III (School Cadre)Service Rules, 1978

to say that the promotion in service is to be made by selection process basedon merit. The seniority alone has not been madethe criteria for

promotion of any person.

3. No proper foundation has been laidto indicate as to what process for selection/promotion was undertaken; whether the claim ofthe Petitioner

was at all considered or not; andin what circumstances Respondent No. 4 has beenpreferred.

4. Learned Counsel wants to withdrawthe petition so as to enable the Petitioner tofile a better petition.

5. Dismissed as withdrawn with liberty as prayed for.