BALJIT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges show cause notice dated 28.3.2007 (P-8). The petition is also directed against the composite order of reversion dated 19.11.2009, reverting him as Senior Lecturer Mechanical Engineer w.e.f. 31.8.2000 and further as Workshop Superintendent w.e.f. 18.6.1997 (P-11). A further prayer has been made for declaring clause B(ii) of the qualifications prescribed under Article 320(b) of the Constitution, vide executive order dated 10.7.1991 (P-5), as ultra vires Article 14 and 16 of the Constitution.

(2.) Brief facts of the case are that the petitioner possessed three years diploma in Mechanical Engineering from the Punjab State Board of Technical Education by passing the State Board Examination in May, 1979 in 1st Division with Honours (P-1). On 4.6.1987, he was selected and appointed as Workshop Superintendent at Government Polytechnic, Batala, against a regular temporary post (P-2). In June, 1993, the petitioner also passed the Diploma in Technical Teaching in First Class from the Technical Teachers' Training Institute, Calcutta, while he was in service (P-3).

(3.) It is claimed that in the respondent department, the post of Workshop Superintendent is equivalent to the post of Lecturer and the next channel of promotion is to the post of Senior Lecturer. On 18.11.1996, a Departmental Promotion Committee was constituted. On the basis of the recommendations made by the DPC, the petitioner was promoted as Senior Lecturer Mechanical Engineering in the pay scale of Rs. 3000-5000, vide order dated 11/18.6.1997 (P-4). On 10.7.1991, the respondent State issued an executive order under Article 320(3)(b) of the Constitution determining the qualifications, mode of recruitment and age etc. for making appointments to the posts of Senior Lecturers Engineering, Senior Lecturer Non-Engineering and Head of Department Non-Engineering in the Polytechnics of Punjab (P-5). This was done because no Rules were in existence governing such services.