Tejinder Singh Dhindsa, J. - (1.) The challenge in the present petition is to the order dated 11.3.2010, Annexure P4, whereby the petitioner has been ignored for promotion to the post of Senior Medical Officer in the department of Health and Family Welfare, State of Punjab.
(2.) The petitioner, who belongs to the reserved category of Scheduled Castes, was appointed as Medical Officer, PCMS-II on 16.10.1979. In terms of order dated 27.4.1995, he was placed in the pay scale of Rs. 3000-4500 with designation of Senior Medical Officer w.e.f. 2.5.1988 upon completing eight years of regular service. In the seniority list of Medical Officers circulated by the respondent-Department, the petitioner was placed at Serial No. 203, whereas private respondent No. 4 - Dr. Devinder Singh, who also belongs to the reserved category of Scheduled Castes, was placed junior to him at Serial No. 204.
(3.) A Departmental Promotion Committee was constituted in the month of January 2010 for considering eligible Officers for purposes of promotion of Medical Officers to the post of Senior Medical Officers. The petitioner, who asserts that he has never been conveyed any adverse remarks during his entire service career, is aggrieved by the order dated 11.3.2010, Annexure P4, whereby he has been denied promotion to the post of Senior Medical Officer, whereas his junior, respondent No. 4, has been granted the promotion to the higher post. Having been denied promotion, the petitioner sought information as regards his ACRs under the provisions of Right to Information Act. The documents supplied by the Public Information Officer concerned revealed to the petitioner that the ACR for the year 2005-06 was shown as "average". It has been categorically pleaded by the petitioner that such report was never conveyed to him. That apart, the petitioner has been graded 'good' in the ACR for the year 2003- 04, 'good' for the year 2004-05, 'good' for the year 2006-07, 'very good' for the year 2007-08 and 'very good' for the year 2008-09.;