DR. HARKIRAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dr. Harkirat Singh through present petition filed by him under Article 226 of the Constitution of India, seeks writ in the nature of certiorari so as to quash order dated June 25, 1991 (Annexure P-10) whereby tentative decision dated April 21,1986 (Annexure P-5) was withdrawn and respondent Nos. 2 to 4 were held senior to him.

(2.) Brief facts, on which the relief aforesaid rests, reveal that petitioner after qualifying M.B.B.S. examination from Government Medical College, Patiala, joined as P.C.M.S. (II) on February 16, 1963. He thereafter qualified Master of Surgery in the year 1972 and was shifting in teaching cadre. He was posted as Senior Lecturer in Government Medical College, Amritsar in 1973. He belongs to Backward Class but joined service in general category. He was promoted to the post of Assistant Professor of Surgery in general category and had not claimed benefit of reservation at the time of aforesaid promotion. It is pleaded that the State of Punjab issued instructions in 1974 whereby benefit of reservation, which was granted to the members of Backward Class at the initial appointment in service, was extended to promotions also. The employees belonging to Backward Class, thus, became entitled to benefits of reservation in promotion matters. Petitioner furnished certificate to the effect that he belonged to Backward Class in the department on August 22, 1979. On intimation of the fact aforesaid, it is pleaded, he became eligible for the benefits of reservation in further promotion. A decision to this effect was taken by the Government, Social Welfare Department vide their order dated February 1, 1980. It is pleaded that the State of Punjab, in order to remove any doubt, reiterated its policy that the benefit of reservation was also available to those employees who belong to Backward Class but had not entered the service as such from the date they furnished such evidence in their departments.

(3.) The post of Additional Professor (Surgery) fell vacant and it was, it is pleaded, to be treated as reserved point for Scheduled Caste. As no Scheduled Caste candidate was eligible, in accordance with the policy of the Government, reserved point of Scheduled Caste was made available to Backward Class candidate and on that basis petitioner was promoted as Additional Professor on March 12, 1981. He joined as Additional Professor at Government Medical College, Faridkot on March 14,1981. The service conditions of petitioner and respondentsjNos. 2 to 4 are governed by Punjab Medical education Service Rules (Class I) Rules, 1978. As Assistant Professor is promoted as Additional Professor according to the Rules and the post of Professor is filled up by promotion from amongst the Additional Professors and if Additional Professor is not available, then from amongst the Assistant Professors with requisite experience under the Rules. Later, however, the post of Additional Professor was abolished and it is pleaded that according to the gradation list as corrected upto July 1, 1989, petitioner is being treated as Professor w.e.f. March 14,1981.