BAHADUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners in Civil Writ Petition Nos. 12982 and 9131 of 1999 have basically a common grievance. They complain that their claim for appointment to the posts of Executive Engineers has been arbitrarily overlooked and that respondents Nos. 3 and 4 viz. M/s. N. K. Dhir and Parkash Singh have been wrongly appointed to the posts of Executive Engineers. The petitioners submits that they are eligible for promotion to the posts of Executive Engineers. Their claim has not been considered. Respondent No. 3 who is merely on deputation as a Sub-Divisional Engineer has been given current duty charge of the post of Executive Engineer. The petitioner complains that the action is violative of the Service Bye-laws as also the provisions of Articles 14 and 16 of the Constitution.

(2.) The facts of Bahadur Singh's case may be briefly noticed.

(3.) The petitioner had initially joined service in Class III - On March 7, 1984, he was promoted as a Sub-Divisional Engineer. He continues to hold this post till today. He claims that he is the senior most Sub-Divisional Engineer in the Punjab Small Industries and Export Corporation (Respondent No. 2). He has averred that the Sub-Divisional Engineers are eligible for promotion to the posts of Executive Engineers. Out of the four available posts, only one has been filled-up by promotion. The remaining posts have been filled up by taking persons on deputation. So far as respondent No. 3 is concerned, he has been given current duty charge of two posts of Executive Engineers. The fourth post is held by Mr. Parkash Singh (respondent No. 4). He is on deputation from the Punjab Panchayati Raj Department. It has been further averred that respondent No. 3 is actually a member of the Service in the Punjab Public Works Department, Public Health Branch. He was brought on deputation to the Corporation in the year 1996 for a period of two years. The said period of deputation was extended from September 13, 1998 to September 12, 1999. Despite expiry, the third respondent was not repatriated to his parent department. Instead, he was given current duty charge of the two posts of Executive Engineers.