Sukhdev Singh Kang, J. - (1.) Joginder Singh has filed this writ petition under Art. 226 of the Constitution of India, for issuance of writ of mandamus directing the respondents to consider him for promotion to the post of Executive Engineer on the date when his junior Shri M. S. Sandhu was appointed to that post and to grant him other consequential reliefs detailed in para 21 of the writ petition.
(2.) The factual back-drop will help delineate the legal controversy falling for determination in this writ petition.
(3.) As a result of a decree dated Feb. 8. 1966 of the learned Additional District Judge, Patiala, the petitioner was treated as a Sanitary Engineer of the status of an Assistant Engineer in the Public Works Department with effect from Sept. 1, 1948. As a consequence thereof, the petitioner's name was placed above Shri M. S. Sandhu in the joint seniority list of officers of the Punjab Service of Engineers Class II of the Public Works Department, Public Health Branch, as it stood on Nov. 1, 1966. The petitioner filed Civil Writ Petition No, 1764 of 1967 raising numerous grievances. It was decided by Gurdev Singh, J. on Aug. 22, 1968. It was held that the ranking of the petitioner on the seniority list was correct. The petitioner could not claim seniority over M/s D. N. Chandla, Resbam Singh, L. M. Chaudhary, H. S. Manocha, H.S. Puri and N. N. Sarin. It was also held that the petitioner's claim for promotion had been considered with effect from Sept. I, 1948 and not only for the period subsequent to Nov. 1, 1956. The respondents in that case had pleaded that the case of the petitioner had been considered for promoting from the date Shri M. S. Sandhu was promoted but he was not found fit to be promoted as Executive Engineer. Since it was established that the case of the petitioner for promotion had been considered, the writ petition was dismissed. It was however, observed that if and when the petitioner challenged the respondents' orders denying him promotion, that matter can be gone into and adjudicated upon. It was further made clear that nothing said in that judgment shall be taken as an expression of opinion with regard to the correctness or otherwise of the action of the respondent-authorities in refusing promotion to the petitioner. The petitioner has averred in the writ petition that the case of the petitioner for promotion as Executive Engineer from the date Shri M. S. Sandhu, his junior was promoted had not been considered properly. Shri D. R. Singal the then Chief Engineer was biased against the petitioner. He did not send a proper requisition to the Public Service Commission for seeking their opinion regarding the suitability of the petitioner for promotion with effect from the date Shri M.S. Sandhu was promoted as Executive Engineer. The petitioner has appended as Annexure P-42 to the replication a letter dated Aug. 4, 1967, from the Secretary to the Government, P. W. D. addressed to the Secretary Punjab Public Service Commission, Patiala (for short 'the Commission') wherein it is stated that the suitability of the petitioner to his officiating appointment as Executive Engineer from 22nd Aug., 1957 and certain subsequent periods detailed therein be obtained from the Public Service Commission. Shri Pritam Singh, Secretary to the Commission vide order dated Aug. 10, 1967 (copy Annexure P-43 to the replication) has conveyed the decision of the Commission that in view of the reports on the work of Shri Joginder Singh for the period 1957 and 1958 and subsequent record, it was not possible to agree to his promotion as Executive Engineer from Aug. 22, 1957, the day Shri M. S. Sandhu was promoted as Executive Engineer. It is stated in the written statement filed by respondent No. 1 that the Screening Committee had not approved the petitioner for promotion to the post of Executive Engineer, because he had not passed the Departmental Professional Examination for being promoted as Executive Engineer, and for entering into Class I of the Service.;