JUDGMENT :

NAMIT KUMAR, J.

1. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of certiorari for quashing the order dated 05.12.2023 (Annexure P-10), whereby the respondents have granted the benefit of Assured Career Progression (ACP) Scheme on completion of eight years and nine years of service to the petitioner by taking his date of confirmation in Punjab Forest Service (Class-II) w.e.f. 01.09.2002 instead of ad hoc promotion date, whereas the junior to the petitioner stands promoted and confirmed w.e.f. 25.07.2000 i.e. the date of ad-hoc promotion and as such the respondents have created pay anomaly. Further, seeking a writ of mandamus, directing the respondents to decide the representations dated 29.08.2023 & 21.03.2024 (Annexures P-8 & P-9) submitted by the petitioner in a time bound manner; to consider the date of confirmation notionally in Punjab Forest Service from the date of ad hoc promotion i.e. 29.05.2000; to grant of benefit of the ACP scheme on completion of8 & 9 years of service by taking the date of confirmation notionally in Punjab Forest Service from the date of his ad hoc promotion i.e. 29.05.2000 and to grant all consequential benefits, along with arrears and interest @ 12% per annum.

2. Brief facts, as have been pleaded in the petition, are that the petitioner was appointed as Forest Ranger on 02.03.1979 and he stood retired on attaining the age of superannuation on 28.02.2015. While discharging the duties as Forest Ranger, the petitioner was granted ad hoc promotion to Punjab Forest Service (Class-II), vide order dated 29.05.2000 (Annexure P-1). Thereafter, vide order dated 17.12.2010 (Annexure P-3), the petitioner was confirmed w.e.f. 01.09.2002 instead of 29.05.2000 i.e. the date of his ad hoc promotion, whereas vide order dated 12.08.2015 (Annexure P-4), the services of Sh. Daljit Singh Brar, who was junior to the petitioner, stood confirmed w.e.f. 25.07.2000 i.e. the date of his ad hoc promotion. It has further been stated that the petitioner has not been given the benefit of ACP Scheme dated 10.09.1998 (Annexure P-6). Since the services of the petitioner were confirmed w.e.f. 01.09.2002, he was required to be extended the benefit of abovesaid scheme on completion of 8 years of service in the cadre w.e.f. 01.09.2010. But no such orders were passed during the term of service of the petitioner. Thereafter, another scheme for granting the benefit of ACP on completion of 4, 9 & 14 years of service was circulated by the State of Punjab, vide circular dated 03.11.2006 (Annexure P-7). As per the said scheme, the petitioner was required to be extended the benefit of ACP on completion of 9 years of service in the cadre w.e.f. 01.09.2011, but he was not given any such benefit. The petitioner has submitted various representations dated 05.04.2019, 30.05.2022 & 29.08.2023 to the respondents, however, instead of deciding the issue raised by the petitioner by way of abovesaid representations, the respondents have passed the impugned order dated 05.12.2023 (Annexure P-10), whereby the benefit of ACP scheme has been extended to the petitioner by taking his date of confirmation in service w.e.f. 01.09.2002 after the date of confirmation in service of Sh.Daljit Singh Brar i.e. 25.07.2000, who was junior to the petitioner. Thereafter, the petitioner again submitted a representation dated 21.03.2024 (Annexure P-9) to the respondents but to no avail. Hence the instant petition.

3. Learned counsel for the petitioner submits that the services of the petitioner was confirmed, vide order dated 17.12.2010, w.e.f. 01.09.2002 instead of 29.05.2000 i.e. the date of his ad hoc promotion, whereas the services of Sh.Daljit Singh Brar, who was junior to the petitioner, was confirmed w.e.f. 25.07.2000 i.e. the date of his ad hoc promotion. He further submits that since the petitioner was granted ad hoc promotion to the post of Punjab Forest Service, vide order da