STATE OF PUNJAB Vs. JASBIR SINGH

JUDGEMENT

(1.) By means of this order, I would dispose of C.R. No. 521 of 1993 and C.R. 520 of 1993 as their disposal hinges on the question of law and fact which is common to both of them. Facts have been taken from Civil Suit No. 28/1 of 1990, date of institution 27.10.90/19.3.1991 decided on 3.2.1992 by Sub Judge Third Class, Ferozepur as these facts are the foundation of the litigation between Jasbir Singh and Prem Kumar, Steno-typists of the Office of Divisional Manager, Punjab Roadways, Ferozepur and the State of Punjab/Director, State Transport, Punjab, Chandigarh.

(2.) Vide judgment and decree dated 3.2.1992 passed in civil suit No. 28/1 of 27.10.1990 by Shri Harjinder Pal Singh, Sub Judge Third Class, Ferozepur, Jasbir Singh Steno Typist of the office of Divisional Manager, Punjab Roadways, Ferozepur was held entitled to be considered for promotion with effect from 1.10.1990 and consequently to arrears admissible under the rules. Facts :

(3.) Jasbir Singh was appointed as Steno Typist in the Transport Department. He joined on 21.12.1979. He appeared in the Assistant grade examination on 26.6.1988 and he was declared to have successfully passed that examination. Intimation that he had successfully passed that examination was sent to the Director, State Transport, Punjab vide memo dated 20.9.1988. Despite the fact that he had passed that examination successfully, he was not promoted and posted as "Assistant" though the vacancy was existing on 20.9.1988 in the cadre of "Assistants" in the Transport Department. He made request to the Director, State Transport for promoting him to the post of Assistant and post him as such but to no effect. While assigning the post of Assistant to him, seniority was to be fixed in the cadre of Assistants in accordance with the provisions of rule 10 of the Punjab State Assistant Grade Examinations Rules, 1984. Delay on the part of the department in appoint him to the post of Assistant coupled with the holding and clearing of examination later on by any person senior to him is likely to affect his seniority. Department was alleged to have been keeping the posts of Assistants vacant/unfilled although the examination had been held and the result declared. Employees of the department who had cleared the Assistant grade examination held on 18.9.1988 by Subordinate Services Selection Board, Punjab, Chandigarh have since been posted as Assistants whereas he who had cleared the said examination held on 26.6.1988 has not been promoted so far. There has, thus, been violation of Articles 14 and 16 of the Constitution of India and he has been discriminated vis-a-vis those who have been promoted.