JAI SINGH Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) Prayer in the present writ petition is for quashing of order of promotion dated 30.1.2009 (Annexure P-6) vide which Respondent No. 4 stands promoted as General Foreman. Prayer has also been made for quashing of the Rules prescribed for qualifying the trade test.

(2.) It is the contention of the counsel for the Petitioner that the Petitioner was appointed as an Offset Machine Operator on 14.12.1988. He had all through been representing the Respondents to promote him to the post of General Foreman. As his claim was not being considered, he filed CWP No. 6874 of 1999 which was disposed of by this Court vide order dated 31.7.2001 directing the Respondent-Punjab University to finalize the Rules governing the promotion to the post of General Foreman within a period of six months. The Rules were finalized by the Syndicate in its meeting held on 24.9.2005. The Petitioner thereafter made a representation for promotion to the post of General Foreman. When his claim was again not considered, the Petitioner filed CWP No. 4167 of 2006 which was disposed of by this Court vide order dated 20.3.2006 directing the Respondents to consider his legal notice served on them and decide it by passing a speaking order within a period of six months from the date of receipt of copy of the order. The claim of the Petitioner was rejected on 18.5.2006 on the ground that promotion is to be made on the basis of seniority-cum-merit, subject to qualifying the trade test. No seniority list was circulated. Thereafter, Respondent No. 4 vide order dated 30.1.2009 was promoted to the post of General Foreman which has been challenged in the present writ petition by asserting that he does not fulfill the required qualifications for the post of General Foreman.

(3.) Notice was issued and the Respondents were duly served. Respondent No. 4-Subhash Sharma, whose promotion is in question, preferred not to appear before this Court, despite service. A specific averment, with regard to Subhash Sharma being not qualified for the post on which he had been promoted, was made in Para 15 of the writ petition.