Permod Kohli, J. - (1.) THIS judgment will dispose of CWP Nos. 17 of 1981, 4529 of 1982, 2493 and 5156 of 1984 as common questions of law and facts are involved in all these writ petitions.
(2.) DISPUTE in these petitions relate to the seniority to the post of Sub -Divisional Engineers and subsequent promotion to the post of Executive Engineers in the Electrical Department of the State of Punjab. Petitioner -N.S. Lamba in CWP No. 17 of 1981 is also Respondent in CWP No. 4529 of 1982. Both of them raised their inter se dispute. However, Petitioner in CWP No. 2493 of 1984 and Petitioner in CWP No. 5156 of 1984 have also raised similar dispute of seniority and promotion. First of all, I may take notice of the facts relevant in CWP Nos. 17 of 1981 and 4529 of 1982. Petitioner -N.S. Lamba, after obtaining diploma in Electrical Engineering also qualified AMIE Examination and joined as Sub -Divisional Engineer in Punjab Service of Engineers Class II on being selected by the Punjab Public Service Commission, - -vide order dated 9th February, 1973 as a direct recruit. His initial appointment was on probation and on completion of probation, he was confirmed, - -vide order dated 27th April, 1976. Mr. D.D. Verma, Respondent No. 2 in C WP No. 17 to 1981 and Petitioner in CWP No. 4529 of 1982 was diploma holder and came to be recruited as Sectional Officer on 28th December, 1959. He was promoted as Sub -Divisional Engineer on ad hoc basis on 23rd June, 1966 and appointed substantively w.e.f. 30th November, 1968. The State Respondent issued a draft roster of Sub -Divisional Engineers (Electrical) for inviting objections, - -vide its Circular dated 29th January, 1980. In this Circular, it has been mentioned that the first block of eight vacancies of Sub -Divisional Engineers has been consumed. The Petitioner, N.S. Lamba seems to be aggrieved of this Circular. Besides filing representations, he has also challenged the aforesaid circular as his representations have not been decided. The further grievance of Petitioner -N.S. Lamba is that Respondent D.D. Verma has been promoted as Executive Engineer ignoring the seniority and claim of Petitioner -N.S. Lamba. His further grievance is that the Circular dated 29th January, 1980 showing first block of eight vacancies as exhausted is contrary to the facts and rules. The Petitioner has also alleged that neither any valid roster has been fixed in terms of Rule 6 nor any seniority has been determined under Rule 12 of the Rules and Respondent -D.D. Verma has been promoted in contravention of the rules. Petitioner accordingly has prayed for a direction in the nature of Mandamus to determine the seniority of the Petitioner vis -a -vis Respondent -D.D. Verma and to consider the Petitioner's claim for promotion to the post of Executive Engineer with effect from the date person junior to him was promoted.
(3.) THE grievance of Mr. D.D. Verma Petitioner in CWP No. 4529 of 1982 is in respect of the fresh Roster published by the Respondent -State, - -vide Notification dated 11th June, 1982 wherein N.S. Lamba who is one of the Respondents in the petition has been shown at Sr. No. 4 and Petitioner D.D. Verma at Sr. No. 6. He has also challenged the show cause notice dated 15th July, 1982 issued to him by the Respondent -State Whereby he has been asked to show cause as to why he be not reverted from the post of Executive Engineer to that of Sub -Divisional Engineer and his seniority refixed on the basis of Notification dated 11th June, 1982. Petitioner has sought a direction for fixation of Roster in the light of judgment dated 29th August, 1980 of this Court reported as M.K. Jaggi v. State of Punjab, 1980 (3) SLR 732 (P&H) which has been upheld by Hon'ble Supreme Court in SLP No. 5217 of 1981.;