- (1.) The petitioner was appointed as a Legal Assistant vide order dated 13.8.1988 in the Punjab Pollution Control Board (hereinafter referred to as 'the Board'). He was promoted as Law Officer Grade-1 vide order dated 6.1.1992. Further promotion of the Law Officer is to the post of Legal Advisor in the hierarchy of service. The services of the petitioner are governed under the Punjab State Board for the Prevention and Control of Water Pollution Employees Service Regulations 1980 framed under the Water Prevention and Pollution Act, 1974 (hereinafter referred to 1980 Regulations). Regulation 8 deals with the method of recruitment to the post under the Board. Under the 1980 Regulations, the post of Legal Advisor was required to be filled up by promotion alone from the Law Officers Grade-1 possessed of the qualifications as prescribed under the Rules. However, these Rules came to be amended vide the Punjab Pollution Control Board Employees Service Regulations, 2002, which received the approval of the Government on 28.4.2003. Under the amended regulations, the qualifications and the method for filling the said post is as under :- "1. Designation of the Post : Legal Advisor. 2. Percentage of appointment : Mode of recruitmentBy Direct RecruitmentBy Promotion (i) By direct recruitmentIn case no suitable Candidate is available100% (ii) By promotion (iii) By transfer or deputationfor promotion Qualification for direct recruitment. - At least Bachelor's degree in Law from a recognised university with at least five years experience as Assistant District Attorney Grade-I, Law Officer or must have practiced at the Bar for at least eight years. Knowledge of Computer. The candidate must have undergone a computer course of six months duration from a reputed institute. Qualification for promotion. - From amongst the Law Officers working in the Board who have an experience of working as such for a minimum period of fifteen years. Knowledge of Computer. The candidate must have undergone a computer course of six months duration from a reputed institute. By Transfer or Deputation. - From amongst the employees working on equivalent posts in any department of the Government of Punjab. OR Possessing Bachelor's degree in Law with minimum 15 years experience on Class-I, II and III posts in the Department of Government preferably in Punjab Civil Secretariat which should also include knowledge/experience of dealing with legal matters/cases. Knowledge of Computer. The candidate must have undergone a computer course of six months duration from a reputed institute."
(2.) Though the petitioner claims that he is fully qualified under 1980 Regulations which are applicable to his case, yet the case of the respondents is that 1980 Regulations are substituted by Regulations of 2002 and under the amended Regulations, the petitioner is not qualified, as the petitioner has less than 15 years experience as a Law Officer. Be that as it may, the grievance of the petitioner is that he was eligible for promotion to the post of Legal Advisor, but the respondents with a mala fide intention have abolished the post of Legal Advisor and, thus, marred his chances of promotion. He has made allegations against respondent No. 3 which I shall deal in the later part of the judgment.
(3.) It is the admitted case of the parties that the post of Legal Advisor which was earlier available, stands abolished. Reference is made to the order of the Government dated 2.9.2003 (Annexure P-16), whereby the Government had decided to abolish the post of Legal Advisor on the ground that it is not required after restructuring of the Board. This order was endorsed to the Chairman, Punjab Pollution Control Board, Patiala, and the Chairman was directed to get the post abolished from the Board as the same is not required by the Punjab Pollution Control Board. Consequent upon the approval of the Government, the Board adopted a resolution in its meeting dated 15.12.2003 vide agenda item No. 121 and the Board agreed with the decision of the Government to abolish the post of Legal Advisor. The Board also did not agree with the proposal to upgrade the post of Legal Assistant to that of Law Officer. The minutes of the meeting of the Board were confirmed in the next meeting held on 5.3.2004. It is further the admitted case of the parties that as at present no post of Legal Advisor is available in the Board. It is this order which is challenged in the writ petition along with decision of the Board. It may be useful to refer the prayers of the petitioner made in the writ petition which are as under :- "(i) Issue a writ in the nature of certiorari quashing the order dated 4.9.2003 (Annexure P-16) vide which the post of Legal Advisor in the Respondent-Board has been abolished in a totally illegal and arbitrary manner and because of mala fide of respondent No. 3; (ii) Issue a writ in the nature of mandamus directing the official respondents to supply to the petitioner the minutes of 121st and 122nd meeting of the Board of Directors held on 5.12.2003 and 5.3.2004 respectively vide which the order abolishing the post of Legal Advisor has been confirmed and further with a prayer to issue a writ in the nature of certiorari quashing the same; (iii) Issue a writ in the nature of mandamus directing the respondents to consider and appoint the petitioner to the post of Legal Advisor being the senior most and most meritorious candidate in the Respondent-Board; (iv) It is further prayed that in the peculiar facts and circumstances of this case, this Hon'ble Court may be pleased to issue any other appropriate order, writ or direction that it deems fit; (v) Dispense with advance notices upon the respondents; (vi) Dispense with filing of certified copies of Annexures; (vii) Costs of the petition may also be awarded.";