- (1.) By this writ petition, the petitioner claiming himself senior to respondents No. 3 to 5 for consideration for promotion as Deputy Superintendent, has prayed for a writ of mandamus directing respondents No. 1 and 2 to promote him to the post of Deputy Superintendent, w.e.f. the date, respondents No. 3 to 5 have been promoted.
(2.) Counsel for the petitioner argued that the petitioner and the private respondent were Assistant Superintendent Jail and on 15.3.1986 the petitioner was promoted as Senior Assistant Superintendent Jail, and therefore, he should have been preferred to the private respondents in promotion, having already been promoted to a senior post than the post of Assistant Superintendent Jail. The rule regarding promotion as Senior Assistant Superintendent Jail is rule 7(2) of the Punjab Prisons Service (Class-II) Rules, 1963. It is as under :- "7. Method of appointment (1) xx xx (2) All promotions, whether from one grade to another or from one class of service to another shall be made by selection based on seniority-cum-merits and seniority alone shall not give any right to such appointment".
(3.) In the written statement, para 251 of the Punjab Jail Manual is reproduced. The same is also reproduced as under :- "Para 251 : (1) Promotion to the appointment of Senior Assistant Superintendent shall be made by selection. A thorough knowledge of the Laws, rules, directions and orders regulating the management of Jails and prisoners, efficiency in drill and ability to drill and guard, the possession of those qualities which enable an officer to command respect and maintain authority, energy in the discharge of his duties and good conduct shall be the qualifications for a Senior Assistant Superintendent. (2) The grade shall be reserved for subordinates who in addition to the qualifications required by clause (1), appear to be likely with the opportunities, afforded them in a Central Jail, to become good and efficient Deputy Superintendents. Every Senior Assistant Superintendent shall therefore, hold his appointment on probation only and if found to be wanting in any respect shall, be reason of his unsuitability for promotion, by reverted to his substantive appointment. xx xxx xx xx xxx xx";