J.V. Gupta, A.C.J. - (1.) This letters patent appeal is directed against the order of the learned Single Judge in Civil Writ Petition No. 613 of 1985, wherein the writ petition was allowed and respondent No. 1 therein was directed to consider the case of the petitioner for promotion with effect from the date persons junior to the petitioner were promoted out of turn under the policy decision.
(2.) In the writ petition. Shri Maghar Singh Gill, sought the writ of mandamus directing the respondents to consider his claim in the same manner as the, considered the claims of the persons junior to him and give him retrospective promotion with effect from the date when persons junior to him were promoted. He was claiming promotion by relaxing the rules as he had rendered meritorious service during Indo Pak War of 1971 in accordance with the policy decision taken by the State of Punjab.
(3.) The stand taken by the respondent-State in the written statement was that the case of the writ petitioner was not considered as the same was not recommended for promotion at that time. The representation made by the petitioner was received and comments obtained from the Chief Engineer, Superintending Engineer and Executive Engineer and thereafter the same was not traceable. It should be deemed to have been rejected. It has been further averred that after ten years the matter could no-, be reopened. However, the learned Single Judge did not dismiss the writ petition on the ground of laches and it was found that the action of the State of Punjab in not allowing benefit of the policy decision to the petitioner is arbitrary and discriminatory more so when junior persons to the petitioner were allowed such benefit.;