SURINDER PAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The hearing of this petition has been taken up through video conferencing on account of outbreak of novel corona virus. Petitioner has approached this Court under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned order, dated 04.01.2019, Annexure P-3, passed by respondent No.2-Director, Department of Social Security, Women and Child Development, Punjab and for issuance of a direction to the respondents to promote the petitioner as Supervisor from the year 1996- 1997 and grant all consequential benefits of salary, seniority etc. on the post of Supervisor along with interest.

(2.) Facts, in brief leading to the filing of the writ petition, are that the petitioner after completing her graduation joined as Bal Sewika on 20.04.1992 on ad hoc basis. Her services were regularized w.e.f 18.01.1995. Circular-instructions dated 14.06.1989, provided that a Bal Sewika with 8 years experience was eligible for promotion as Supervisor against 5% quota reserved for them. The grievance of the petitioner is that despite the fact that posts were available and she was entitled for promotion w.e.f. 1996, her promotion order was issued on 03.10.2008. She filed CWP No.8344 of 2011 which was disposed of by this Court vide order dated 09.08.2018, Annexure P-2, directing the respondents to treat the writ petition as a representation and to decide the same by passing a speaking order. In pursuance thereto, respondent No.2 passed the impugned order dated 07.01.2019, Annexure P-3 and came to the conclusion that the promotion order dated 03.10.2008 of the petitioner has been issued as per rules.

(3.) Upon notice, the writ petition was contested by the respondents by filing a reply wherein it was submitted that the instructions dated 14.06.1989, Annexure R-1 were modified vide memo dated 16.10.1996, which provided that 5% of the promotions for the post of Supervisor were to be made from amongst the Bal Sewikas/Grah Sewikas on merit-cum-seniority basis. It was further submitted that till 1997-1998, there were 754 posts of Supervisors and 5% promotional quota worked out to 37 posts. In accordance with the instructions, 20 Bal Sewikas, who were placed at serial No. 21 to 44 in the seniority list were promoted. However, the petitioner, was at No.47 in the seniority list. A specific stand has been taken by the respondents that no employee junior to the petitioner was promoted prior to her.