- (1.) By this order, I propose to dispose of Civil Writ Petitions No. 12596 of 1989 and 1349 of 1993 as common question of law and facts is involved therein. In both these writ petitions, petitioners are seeking a writ in the nature of Mandamus commanding upon respondent No. 2 to take an early date-bound decision in creating reasonable promotional avenues for the petitioners as well as for the introduction of Selection Grade posts for the Class of Manual Assistants.
(2.) In brief, the facts are that the petitioners in both cases are matriculates or have some more qualification, but certainly are not graduates. They were recruited as Manual Assistants in the cadre of Weights and Measures Section, Department of Industries. On 1.7.1985, the Director of Industries recommended the proposal to the Government, recommending therein that 25% posts of Inspector, Weights and Measures, be filled up by promotion from amongst the matriculate Manual Assistants with at least 10 years' service ex- perience as such. No decision on the matter was taken by the Government at that stage and that led to making of another recommendation vide letter dated 13.9.1985. This recommendation was turned down by the Government vide letter dated 16.2.1989 (Annexure P-5). This led to the filing of writ petitions by the petitioners seeking a writ of Mandamus that a direction be issued to the respondents to provide promotional avenues to them.
(3.) In reply, respondents have stated that appointments to the post of Manual Assistant, Inspector Weights and Measures and Dy. Chief Inspector of Weights and Measures, were earlier being governed by the Punjab Industries Department (State Service, Class III) Rues, 1956, but subsequently it came to be governed by the Punjab Weights and Measures (Enforcement) Act, 1958, (hereinafter referred to as the 1958 Act). Section 2(c) of the 1958 Act provided that Inspector Weights and Measures could be appointed under Section 15. Section 15(1) in turn provided that the State Government may appoint a Controller of Weights and Measures for the State and as many Assistant Controllers and Inspectors of Weights and Measures as may be necessary for exercising the powers and discharging the duties conferred or imposed on them by or under the 1958 Act. Rule 23 of the Punjab Weights and Measures (Enforcement) Rules, 1958, framed under Section 44(1)(h) of the 1958 Act laid down the qualifications of Inspector. For facility of reference, Rule 23 of the 1958 Rules is reproduced as under :- "23. Qualifications of Inspectors : No person shall be appointed as Inspector unless he :- (i) is a graduate of a recognised University preferably in Science or Engineering, or holds a recognised diploma in Engineering (ii) is able to speak, read and write one of the regional languages of the State; and (iii) on selection, has satisfactorily completed at least six weeks' training under the Controller. (2) Nothing in sub-rule (1) shall apply to persons who have been working as Inspectors for a period of not less than a year immediately before the commencement of these rules." Further, the 1958 Act was superseded by the Standards of Weights and Measures (Enforcement) Act, 1985, (hereinafter referred to as the 1985 Act) and under the 1985 Act, powers to appoint Controllers, Inspectors and other officers and staff were given to the State Government who by notification could fill up these posts as may be necessary for exercising the powers and efficiently discharging the duties conferred or imposed on them by or under the Act. The qualifications for the post of Inspector remained almost the same, i.e. graduate of a recognised university in Science (with Physics as one of the subjects, technology or engineering or holding of recognised diploma in engineering. Thus, according to the stand of the respondents, appointment to the post of Inspector is only by direct recruitment and one has to be a graduate before one could be considered for the post of Inspector. Further, according to them, there is no provision where Manual Assistants with qualification of Matriculation or 10 years' experience could be promoted as Inspectors.;