NAURTY RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Naurty Ram working as SDE, Horticulture Haryana Shehri Vikas Pradhikaran has brought the instant civil writ petition seeking his promotion to the post of Executive Engineer contending that he fulfils the necessary conditions for such promotion in the form of experience and qualification and vacancies are also available, therefore deserves to be promoted; the respondent department is not taking any action in that regard and rather has been getting work done by giving current duty charge to various other officers. According to the petitioner, he was assigned current duty charge of post of SDE, Horticulture vide order 31/3/2010 and ultimately he was promoted as such and has been working on regular basis since 1/8/2017. The petitioner also craves for grant of salary and other emoluments attached with the regular post of SDE Horticulture during the period, he had held the current duty charge of that post.

(2.) The writ petition is being resisted by the respondent.

(3.) I have heard learned counsel for the parties besides going through the record. A perusal of the the Haryana Urban Devlopment Authority Services Regulations, 1989, (hereinafter referred to as 'the Regulations), goes to show that Executive Engineer (Horticulture), is a promotional post, requiring 8 years experience as Sub Divisional Officer (Horticulture). As it comes out from the record, posts of Executive Engineer (Horticulture), are lying vacant with Haryana Shehri Vikas Pradhikaran and no regular incumbents have been promoted against those vacancies, rather the work is being looked after by the Officers of the level of Sub Divisional Officer (Horticulture) by giving current duty charge or to some other Officers like Manager, Cactus Garden, Panchkula, by giving additional charge. Such type of adhocisim usually results in loss of efficiency and smoothness in working. The Officer, who is given temporary charge cannot work with same dedication, devotion and interest as a regular incumbent can do, because in case of temporary charge, the officer knows that it can be taken away from him at any time and he or she need not put in extra efforts to show good results. Similarly, when additional charge is given to an officer, on account of work pressure, much attention cannot be given to the work of the additional charge given. It is a different matter if suitable persons are not available for appointment/promotion. It is not case of the respondents that on account of financial constraints, the posts are not being filled up. The post of Executive Engineer (Horticulture), is to be filled up by promotion from the cadre of SDO (Horticulture). Name of the petitioner is stated to be in line for consideration for promotion. He is stated to be holding current duty charge of Sub Divisional Engineer (Horticulture) w.e.f. 6/4/2010 to 3/8/2017, i.e. for a period of more than 7 years and thereafter he was promoted as Sub Divisional Engineer (Horticulture) on 1/8/2017. He is stated to be at Sr. No.2 in seniority. The respondents have no where taken up the plea that the work and conduct of the petitioner has not been satisfactory. The only hurdle coming in his path is that he is not having experience of 7 years working on substantive post of Sub Divisional Engineer (Horticulture). Though if the period during which he held current duty charge of that post is counted, then he is to be taken as eligible for consideration for such promotion.