KASTURI LAL KASHYAP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has prayed for the issuance of a writ in the nature of certiorari for quashing of the order dated April 25, 1984 (Annexure P11) passed by the Director, Local Government, Punjab, Chandigarh (respondent No. 2.) by which order of promotion of the petitioner to the rank of Sectional Officer, Improvement Trust dated February 4, 1981 (Annexure P10) had been withdrawn and he was ordered to be reverted to the post of Surveyor in the Improvement Trust, Pathankot.

(2.) The petitioner has averred that he joined as a Surveyor with the Improvement Trust, Pathankot (hereinafter referred to as "the Trust") (respondent No. 3) on November 5, 1965. He was looking after the duties of physical survey, demarcation of development schemes of the Trust etc. Because of his efficiency and experience gained by him, he was offered a job of Sectional Officer with the Indo-German Project, Palampur in the year 1974. He put in his resignation with the Trust to join the service with the Indo-German Project. The Trust did not want him to leave because of his efficiency and experience. A meeting of the Trust was held on May 23, 1974 and vide Item No. 5, a post of one more Overseer was created and the petitioner was promoted as Overseer in the grade of Rs. 200-10-290/15-430/20-450 plus usual allowances. He took over as Sectional Officer of the Trust and the case was sent to the government for sanction on September 5, 1975. The government declined the sanction vide letter dated October 10, 1975. The Trust vide resolution No. 8 dated April 4, 1976 resolved that in view of the good performance of the petitioner, the goverment be again requested to sanction the proposal of his promotion to the post of Sectional Officer, especially when the financial burden was very insignificant. The Trust sent a letter dated May 10, 1977 in this regard to the government recommending the name of the petitioner to be promotted as Sectional Officer, a copy of which is attached with the writ petition as Annexure P1. It has been further averred that he was working as Sectional Officer for all the times since 1979. The matter regarding the sanction was pending with the State Government. However, on May 5, 1979, the government conveyed the budget estimate for the year 1979-80 in which it was stated that the post of Surveyor has been abolished and instead post of Sectional Officer has been created. Shri Kasturi Lal Surveyor may be promoted as Sectional Officer against newly created post provided he fulfils the qualifications for the post. The qualifications which were required for a Surveyor to be promoted as Sectional Officer were as contained in the letter dated August 4, 1964 Annexure P2, i.e., 10 years experience as Surveyor. Since he had 10 years service to his credit as Surveyor, he was promoted as Sectional Officer and intimation in this regard was sent to the government on May 23, 1979 by the Trust, a copy of which is attached with the writ petition as Annexure P4. It has been further averred that a formal order of his promotion was also issued by the Trust on July 3, 1979, a copy of which is attached with the writ petition as Annexure P5. The Director, Local Government, Punjab conveyed to the Trust its order dated April 25, 1984 (Annexure P11) intimating that the sanction conveyed to the creation of the post of Sectional Officer was withdrawn and the post of Surveyor was revived and directed the Trust that the petitioner shall work henceforth as Surveyor.

(3.) Notice of the motion was issued.