BALBIR SINGH BEDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 9.10.2003 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 15672 of 2003 by way of which the claim of the appellant for promotion has been rejected.

(2.) The facts and circumstances giving rise to this case are that:

(3.) Shri P.S. Patwalia, learned senior counsel appearing on behalf of the appellant, has submitted that if the criteria for promotion is "seniority-cum-merit", the question of ignoring the seniority does not arise. Additionally, recruitment to the post of Battalion Commander is governed by Rule 8 of the Punjab Home Guard, Class-I Rules, 1988 (hereinafter referred to as the Rs. 1988 Rules'), which provides that 75 per cent posts of this cadre would be filled up by promotion from the Battalion 2nd-in-Command consisting of District Commanders, the Chief Instructor, and Junior Officers at the State Headquarters, working under the control of the Commandant General, Punjab, all having a minimum work experience of 8 years. However, it prescribes that selection to the post must be made on the principle of "seniority-cum- merit". The High Court committed an error by not giving weightage to seniority. Furthermore, as the executive instructions followed therein were issued subsequent to the date on which the vacancy occurred, the said instructions must not be applied to the present case. Appellant was given officiating charge of the post, and he performed the duties and functions on the said post, he could not be found unfit for any reason whatsoever, at a later stage. Therefore, the judgment and order impugned is liable to be set aside.