GURJIT SINGH SAHOTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant filed a writ petition before the High Court of Punjab and Haryana praying for issue of a writ of certiorari or other appropriate writ or direction quashing an order reverting him from the post of Divisional Soil Conservation Officer (Class I) to the post of Assistant Soil Conservation Officer (Class II) the High Court dismissed the petition and this appeal, by special leave, is from that order.

(2.) The appellant was appointed as Assistant Soil Conservation Officer (Class II) on 14-9-1962. When the appellant was working as Class II officer, the Government confirmed 5 Class II Officers, on 16-9-1968. The appellant was not one among them. But the order of confirmation stated that one post was reserved for the appellant for his being confirmed when found suitable. One Mehtab Singh who was a junior to the appellant in the post of Assistant Soil Conservation Officer was confirmed with effect from 10-7-1968.

(3.) The Government informed the Public Service Commission on 1-8-1969 that Mehtab Singh was eligible for promotion to the post of Divisional Soil Conservation Officer (Class I) and he was promoted to that post. On 16-6-1971, the appellant was promoted as Divisional Soil Conservation Officer (Class I) on ad hoc basis. There after four of the juniors of the appellant were also promoted to the post of Divisional Soil Conservation Officer (Class I) on ad hoc basis. The appellant was confirmed as Assistant Soil Conservation Officer (Class II) on 22-9-1971 with retrospective effect from 9-6-1968. Subsequently, the Government informed the Public Service Commission that as the appellant was confirmed, he became senior to Shri Mehtab Singh and therefore, the Government had decided to promote the appellant as Class I Officer on regular basis. The Public Service Commission disagreed with the proposal of the Government on the basis that the appellant's confirmation with effect from a date earlier than that of Mehtab Singh was not justified. The Commission also gave approval of the regularisation of Shri Mehtab Singh's promotion. On 16-8-l974, the appellant was served with an order stating that he had been reverted from the post of Divisional Soil Conservation Officer to the post of Assistant Soil Conservation Officer. As already stated it was to quash this order that the appellant filed the writ petition.