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2024 Supreme(P&H) 1445

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Rama rani – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant :Mr. Akshit Dhiman, Advocate,
For the Respondent:Ms. Saguna Arora, A AG, Punjab. Mr. Aditya Pratap Duggal, Advocate

Table of Content
1. promotion eligibility dispute. (Para 1 , 2)
2. administrative errors causing delay. (Para 3 , 4 , 5)
3. notional promotion to senior assistant. (Para 6 , 7)
4. entitlement to pay on notional promotion. (Para 11 , 12)

JUDGMENT :

Namit Kumar, J.

1. The petitioner has filed the present writ petition claiming the following reliefs: -

"(i) Civil Writ Petition under Article 226 of the Constitution of India for the issuance of a writ in the nature of certiorari quashing the impugned order dated 22.10.2021 (Annexure P-17) whereby respondent No.2 while rejecting the claim of the petitioner for promotion to the post of Senior Assistant has not only mislead the petitioner but also this Hon'ble Court by stating that the post of Senior Assistant can be filled up only from Clerks and is governed by the general rules namely Punjab Civil Services (General & Common Conditions of Service) Rule 2015 which hold the field only if there are no departmental rules whereas the Trust Employees are governed by their own Statutory Recruitment Rules namely, Punjab Trust Services (Recruitment and Conditions) Rules, 2015 notified on 30th September, 2015 (Annexure P-8).

(ii) To issue writ of mandamus d

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