Amarjeet Chaudhary, J. - (1.) The petitioner seeks a mandamus directing the respondents to consider his case for promotion as an Executive Engineer with retrospective effect.
(2.) The petitioner is an Executive Engineer on deputation with the Director of the Punjab Transport Department, Chandigarh. The background of the case which led to the filing of this writ petition is that the petitioner was appointed as an Overseer (Civil) in the Punjab Irrigation Department and he joined his services as such on 6th January, 1957. On account of his meritorious record of service, he was promoted as an officiating Sub Divisional Officer on 4th May, 1968. The Government vide order dated 22nd August, 1968 in partial modification of the order of his promotion as an officiating Sub Divisional Officer, promoted him on regular basis, with effect from the date he had taken over the charge as a Sub Divisional Officer in relaxation of Para 11.4 of the Manual of Administration (I.B.) subject to the condition that he will, in due course pass the Departmental Professional and Departmental Revenue Examinations as prescribed by the executive instructions.
(3.) It has been alleged in the petition that the petitioner was promoted as Officiating Sub Divisional Officer in PSE Class II and has rendered more than 19 years continuous service in this scale by now. The next post for the promotion of the petitioner is Executive Engineers in PSE Class I service. The Punjab Service of Engineers Class I. P.W.D. (Irrigation Branch) Rules, 1964 inter-alia provides that a member of Punjab Service of Engineers Class II with eight years service qualified for promotion as Executive Engineer in Class I Service. The petitioner by virtue of his promotion as Officiating Sub Divisional Officer in P.S.E. Class II w.e.f. 4.5.1968 had completed the period of eight years on 4.5.1976. Thus he became eligible for promotion as Executive Engineer in P.S.E. Class I with effect from that date and he was entitled to be promoted against this vacancy by virtue of his seniority and record of service. It has further been alleged in the petition that the case of the petitioner for his promotion as Executive Engineer was not taken up for a considerable long time. The petitioner submitted a representation on 16.9.1982 requesting the respondents to consider the claim of the petitioner for the post of Executive Engineer. Despite all this, the respondents did not consider the claim of the petitioner even on the basis of the representation dated 3.11.1989 (Annexure P/1) followed by repeated reminders. The petitioner on the basis of his officiating appointment as Sub Divisional Officer seeks promotion as Executive Engineer.;