KULDIP ROSHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in this petition is to the passing of order, Annexure P-3, dated 8.7.1996 by respondent No. 4 promoting respondent No. 5 as Chargeman and appointing him on the post of Foreman.

(2.) The petitioner joined the Department of Irrigation on 1.9.1980 and at present is working as Chargeman (Gate and Gears). According to petitioner, there is only one sanctioned post of Chargeman (Gate and Gears) in the cadre of Junior Technician. Likewise, there is only one post of Foreman. Necessary qualifications for the posts of skilled and semi-skilled staff working in various departments was prescribed by the Third Punjab Pay Commission in its recommendations, Annexure P-1. Respondent No. 5 was working as Switch Board Attendant in the Harike Division. He filed a civil suit regarding his entitlement to be promoted as Chargeman in which the petitioner was not made a party. In that suit, respondent No. 4 in his written statement took the stand that respondent No. 5 could not be promoted as Chargeman as he did not fulfil even the basic qualification for the said post as the minimum qualification for promotion to the post of Chargeman was matriculation with two years Diploma from Industrial Training Institute which respondent No. 5 did not have. However, respondent No. 3 on the recommendations of respondent No. 4 promoted respondent No. 5 as Chargeman notwithstanding that he did not fulfil the basic qualification for this post and further appointed on the post of Foreman without any right. The representation of the petitioner vide Annexure P-4 was not heard and no action was taken. The petitioner, therefore, has come to this Court by way of this petition under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari for quashing the order, Annexure P-3, and for issuance of any appropriate writ, order or direction to grant the relief.

(3.) The respondents in their reply took the stand that there are only two sanctioned posts of Chargeman in Harike Canal Division, Ferozepur. Shri Ashok Kumar and the petitioner are working as such. There is only one sanctioned post of Foreman. Shri Ashok Kumar is senior Chargeman to the petitioner. Minimum probation period/experience of two years is essential. The petitioner does not fulfil the basic minimum experience. The qualification prescribed by the Third Punjab Pay Commission in Chapter 26 is applicable only for filling posts through direct recruitment for future appointments as mentioned in para 26.9 of Chapter No. 26. Therefore, the case of respondent No. 5 was considered on the basis of seniority-cum-merit as this was a case of promotion and not direct recruitment. After promotion, respondent No. 5 was adjusted against the vacant post of Foreman as there was no vacant post of Chargeman and he was never appointed as Foreman which is clear from Annexure P-1.