Judgment :-

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the impugned judgment and order dated 9.10.2003 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 15672 of 2003 by way of which the claim of the appellant for promotion has been rejected.

2. The facts and circumstances giving rise to this case are that:

A. The appellant was appointed as Civil Defence Instructor in the year 1964, and was promoted as Company Commander in October 1968. He was later promoted to the post of District Commander in July 1989. He, then claimed to have become eligible for substantive promotion to the post of Battalion Commander as per the rules applicable.

B. The case of the appellant was considered alongwith other eligible candidates, and vide order dated 30.1.2001, a person junior to him (Respondent No. 5), was promoted to the said post after considering his past five years’ Annual Confidential Reports (hereinafter referred to as `ACR’) and other records.

C. The appellant made repeated representations in this regard, but the same were not considered. Employees of the other department governed by the same rules, filed Civil Writ Petition Nos. 4491 and