STATE OF HARYANA Vs. S.C. DIWAN

JUDGEMENT

(1.) S .C. Diwan, in Civil Writ Petition No. 5042 of 1988 filed by him, succeeded in gelling a direction from learned Single Judge that respondents would treat him already promoted as Sub Divisional Engineer w.e.f. September 4, 1985, i.e., the day he was reverted as he happened to be senior most qualified AMIE Junior Engineer and was entitled to be promoted as Sub Divisional Engineer from that day automatically and a further direction that the respondents would regularise his services as Sub Divisional Engineer w.e.f. April 8, 1988, i.e.. the date on which, according to the respondents themselves, a permanent post of Sub Divisional Engineer, belonging to the quota of AMIE Junior Engineers, became available. The direct result of the directions given by learned Single Judge, as noted above, was to result in reversion of Gursharan Dass Sharma, Sub Divisional Engineer (Mechanical) and adversely affect Radhe Sham Aggarwal, another Sub Divisional Engineer (Mechanical). Whereas, therefore, State of Haryana has challenged order of learned Single Judge dated July 19, 1991, rendered in Civil Writ Petition No. 5042 of 1988 by way of Letters Patent Appeal No. 173 of 1992, Gursharan Dass Sharma and Radhe Sham Aggarwal, in their endeavour to achieve the same result, have filed Civil Writ Petition Nos. 16824 and 15947 of 1991 respectively. L.P.A. and two writ petitions, noted above, can, thus, be disposed of by a common order to be recorded in LPA No. 173 of 1992, as is also the suggestion given by learned counsel representing the parties, during the course of arguments. The facts that need a necessary mention, however, have been extracted from CWP No. 5047 of 1988, giving rise to LPA No. 173 of 1992.

(2.) RESPONDENT in the appeal, S.C. Diwan (hereinafter to be referred as 'petitioner') was appointed as a Sectional Officer (Mechanical) by the Superintending Engineer, Mechanical Circle, PWD B&R, Kamal vide orders dated March 15, 1972. He appeared in AMIE Section A and B of the AMIE Examination Mechanical Engineering in Summer, 1975 and 1980 and passed the aforesaid examination from the Institute of Engineering (India) during June, 1980. It has been the case of petitioner that he was the only qualified AMIE holder during 1980 in the department, fit for promotion to the next higher rank, as the only other Junior Engineer, available, having degree in Mechanical Engineering, did not have good service record for promotion. After passing AMIE Mechanical Examination, he made a representation for considering him for promotion to the post of Sub Divisional Engineer (for short 'SDE') which was lying vacant under the control of the respondents. His name was accordingly considered along with other eligible Junior Engineers in the month of January, 1982, by a properly constituted Departmental Promotion Screening Committee and proper screening of all the cases was made by the Screening Committee and after careful consideration of the service record of the petitioner, being the only AMIE degree holder, his name was recommended for promotion as SDE. Respondent No. 1, thus, issued orders of ad hoc promotion of petitioner on December 14, 1981, Annexure P -3. In the orders aforesaid, name of one Tek Chand Garg was also included along with the petitioner for promotion to the post of SDK (Mechanical) against the quota of Junior Engineers. It has further been the case of petitioner that the orders aforesaid were issued under sub -Rule (4) of Rule 6 of Punjab Services of Engineers (Class -II PWD B&R), Rules, 1965 (hereinafter referred to as the '1965 Rules') and promotion was made on ad hoc basis for six months which was extended further till September 3, 1985. On promotion, petitioner joined as SDE (Mechanical) on January 30, 1982 at Gurgaon under the control of the Executive Engineer (Mechanical) Stores and Procurement Division, PWD, B&R, Kamal and he was made incharge of Mechanical Sub Division Stores and Procurement Sub Division, Gurgaon and continued to hold the said charge upto October 12, 1984. He worked as SDE till September 3, 1985 when, suddenly, orders of reversion were issued on August 27, 1985. Aggrieved by the order of reversion, petitioner made several representations, referred to in para 7 of [he writ petition and when same brought no tangible results, he filed the writ petition for the relief, as has been granted to him by learned Single Judge, indicated above.

(3.) PROMOTION from the members of the Punjab PWD (B&R), Sectional Officers (engineering) Service and the Draftsmen members of the Draftsmen and Tracer Service scribed in Appendix "B"