SATPAL SINGH Vs. ARUN GOEL

JUDGEMENT

(1.) The writ petition filed by the Petitioner was disposed of on 27.4.2010 with the direction to the Respondents to consider the claim of the Petitioner for promotion, as per his seniority amongst the AMIE qualified Junior Engineers. The promotion case was to be placed before the Departmental Promotion Committee, if it is so warranted.

(2.) In pursuance of the said direction, an order was passed on 18.10.2010 (Annexure P-7) wherein, it has been found that the Petitioner is claiming promotion on the basis of promotion of Respondent No. 3-Raghbir Singh in the writ petition but the Petitioner and the said Raghbir Singh belong to two different categories. The seniority and quota for promotion is also separate. Therefore, the Petitioner cannot claim promotion on the basis of promotion of Respondent No. 3-Raghbir Singh. It has also been found that there is no vacancy available in the promotion quota amongst AMIE category in terms of the decision of the Hon'ble Supreme Court interpreting new Punjab Irrigation Department (Group-'A') Service Rules, 2004. It is contended that whenever quota prescribed under the Punjab Irrigation Department (Group-'A') Service Rules, 2004 will be available, the Petitioner will be considered along with the other employees.

(3.) Learned Counsel for the Petitioner has vehemently argued that the grievance of the Petitioner, in the earlier writ petition filed in the year 2004 and later in the writ petition filed in the year 2005, was in respect of promotion of juniors from the category of AMIE (Junior Engineers). Therefore, the decision of the competent authority declining the promotion of the Petitioner for the reasons that the quota is not available is not tenable.