JARNAIL SINGH THAKUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who is an Agriculture Inspector in the Agriculture Department, Punjab, has filed the present writ petition under Articles 226/227 of the Constitution of India praying for issuance of a direction to the respondents to quash the order dated 8.12.1988, Anenxure P-2, whereby the petitioner has been ignored for promotion to PAS Class II (Administrative Wing) and the respondents be further directed to treat the petitioner promoted w.e.f. the date i.e. 8.12.1988, the persons junior to him were promoted.

(2.) In brief, the case of the petitioner is that he was selected as Agriculture Inspector in the Punjab Agriculture Department through the Subordinate Service Selection Board and joined as such on 1.6.1965. The State of Punjab notified Punjab Agriculture Services (Class-II) Rules, 1974, hereinafter referred to as the 'Rules' for making promotion to the post of Agriculture Officer (Class II) post. Rule 8 of the Rules provides for method of recruitment to the Service. As per clause (1)(b) of the said Rule, 66-2/3 per cent of the posts are to be filled in by promotion from amongst the members of the subordinate services. As per provisions contained in this Rule, a member of the subordinate services having a minimum experience of five years is eligible to be considered for promotion to the post of Agriculture Officer on the basis of seniority-cum-merit. Rule 9 of the Rules prescribes, qualifications for appointment to the post of Agriculture Officer. The respondents circulated a seniority list, as it stood on 1.5.1979, in which the petitioner's name figured at Sr. No. 270.

(3.) The petitioner claims that though he fulfilled all the requisite qualifications prescribed under the Rules, but he was not considered for promotion. Faced with the situation, he filed writ petition No. 7921 of 1988 on this Court claiming his right of consideration for promotion. The respondent-State filed the written statement to the said Writ Petition and in para No. 18 thereof, it was stated that the name of the petitioner was under consideration for promotion to P.A.S. Class-II. It was further stated therein that he would be considered alongwith the other Agriculture Inspectors on the basis of their service record. The said writ petition was disposed of having become infructuous vide order dated 16.11.1988 in view of the stand taken by the respondent in the above said written statement. The petitioner was not promoted despite the fact he had also a good service record.