MOTI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners and respondents 4 and 5 are working as Patwaris. These respondents are junior to one or the other of the petitioners. Promotion from the post of Patwari is to that of Kanungo and a Patwari becomes eligible for promotion only after he has qualified the departmental examination prescribed in Appendix 'C' to the Punjab Kanungo Service (State Service Class III) Rules, 1976 (hereinafter called the 1976 Rules). Since no person who had passed the departmental examination under the 1976 Rules was available for promotion, the State Government dispensed with the condition of passing the departmental examination and issued instructions dated December 20, 1982 in this regard. These instructions were challenged in this Court in a large number of writ petition including Civil Writ Petition 6849 of 1994 filed by Navinder Singh and others which were allowed on March 29, 1995 and the following directions were issued :-

(2.) In response to the notice of motion, the respondents have filed their written statements. The fact that respondents 4 and 5 are not eligible for promotion has not been controverted by any of the respondents. Respondent 3 in his reply has admitted that respondents 4 and 5 are ineligible but they were promoted as no eligible candidate was available and because these respondents had cleared some of the papers of the departmental examination. He has further averred that these respondents have been served with a notice to show cause why they should not be reverted as they have not been able to clear the departmental examination.

(3.) Respondents 4 and 5 have also filed their written statement justifying their promotion and it is pleaded that they were promoted by relaxing the condition of passing the departmental examination and this relaxation, according to them, was granted under Rule 8 of the 1976 Rules.