R C GOEL Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Articles 226/227 of the Constitution of India for issue of a writ of certiorari to quash order dated 10-12-1981 (Ann.-4), whereby the appointment of respondent No. 3 on the post of Assistant Engineer was regularised with effect from 10-12-1963 and for quashing his promotion to the post of executive Engineer in December, 1981. The petitioner also prays for a writ of mandamus commanding respondent No. 1 to promote him to the post of Executive engineer from the date respondent No. 3 was promoted giving him seniority over respondent No. 3 and other consequential benefits.

(2.) THE, petitioner was first appointed as Overseer in the Public Works department (hereinafter in short 'the PWD') on 14-9-1950 while respondent No. 3 was appointed to the same post on 16-9-1950. The respondent No. 3 was thus junior to him on the said post On 10-12-1963, respondent No. 3 was allowed to hold temporarily charge of a Sub-Division in the leave vacancy of an Assistant Engineer on ad hoc basis. The petitioner, though senior, was not considered for the said charge and therefore he submitted a representation (Document No. 1) on 18-1-1964. The respondent No. 3 was reverted to the post of Overseer in or about 1964.

(3.) IN June 1971, the Departmental Promotion Committee (hereinafter in short 'the DPC) considered the petitioner and respondent No. 3 besides others and recommended both for promotion to the post of Assistant Engineer. In the seniority list of Assistant Engineers as on 1-4-1977 (Document No. 2), the petitioner's name is at serial no. 159 while respondent No. 3 is at 160. Yet, in another Gradation List of Assistant engineers as on 1-4-1982 (Document No. 10), the petitioner's name is at serial No. 134 while respondent No. 3 is at 135. This list revealed that while the petitioner's date of promotion to the post of Assistant Engineer is shown as on 17-8-1971, the respondent no. 3's promotion to the same post is shown to be on 7-4-1971.