ANIL SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Due to outbreak of pandemic COVID-19, the instant case is being taken up for hearing through video conferencing.

(2.) In the instant civil writ petition under Articles 226/227 of the Constitution of India, the petitioner-Anil Sharma, presently working as Conservator of Soils with respondent No.1, has sought writ by way of certiorari seeking quashment of order dtd. 27/5/2020 (Annexure P-13) laying challenge to extension of tenure to respondent No.2 on the post of Chief Conservator of Soils, Punjab, terming it to be illegal and arbitrary as well as the quashment of instructions dtd. 14/12/2016 (Annexure P-19) to the effect that period of Current Duty Charge (CDC) will not be counted for the purpose of experience or seniority or any other benefit and similarly, sought quashment of the orders/reply dtd. 14/8/2020 (Annexure P-21) of the respondents and thereby, seeking writ in the nature of mandamus to consider and promote the petitioner to the post of Chief Conservator of Soils, Punjab with effect from 24/5/2020, the day, the petitioner claims to have qualified and fulfills the experience laid down for the said post and all consequential benefits arising there from.

(3.) What is reflected from the records and remain undisplaced, the petitioner was appointed as Sec. Officer (S.O.) in the Soil Conservation Department, on ad-hoc basis, on 5/9/1989, by the Departmental Selection Committee (DPC) and was regularized with effect from the same very date. Subsequently, the State, re-designated the post of Sec. Officer (S.O.) as Soil Conservation Officer (SCO) through notification dtd. 7/7/2004. Earlier, the Soil Conservation Department employees were governed by the Punjab Soil Conservation and Engineering Services (Class-I) Rules 1978 and Punjab Soil Conservation and Engineering Services (Class-11) Rules, 1974 and which have been subsequently, repealed and replaced by the Punjab Soil and Water Conservation (Group-A) Service Rules, 2014 with effect from 29/8/2014. The post of Soil Conservation Officers (SCO), Sub-Divisional Soil Conservation Officers (SDSCO) and Divisional Soil Conservation Officers (DSCO), were merged together into a single cadre with entry as Soil Conservation Officer and their salaries/pay were regulated by notifications (Annexures P-1 and P-2). By virtue of Statutory Rules of 2014, the post of Soil Conservation Officers, Sub-Divisional Soil Conservation Officers and Divisional Soil Conservation Officers were again de-merged and framed as per the cadres which was laid under the Rules of 2014 that Soil Conservation Officer with 08 years of experience can be promoted as Sub-Divisional Soil Conservation Officer and a Sub-Divisional Soil Conservation Officer with 05 years of experience can be promoted as Divisional Soil Conservation Officer while the Divisional Soil Conservation Officer with 03 years of experience could be promoted as Conservator of Soils and the Conservator of Soils with 02 years of experience could be promoted as Chief Conservator of Soils, the same is well elicited in the chart highlighted in the petition. It is during the course of events, on account of certain vacancies, in the higher echelons, of the Department of Soil Conservation, additional charge to higher posts were given to Officers holding lower substantive posts. It is consequent upon of this policy being adopted by the State; the petitioner was given temporary/additional charge to the post of Sub-Divisional Soil Conservation Officer from 19/10/2009 to 6/12/2011 and, thereafter, Current Duty Charge (CDC) of the said post from07.12.2011 to 30/10/2014. The petitioner was, subsequently, given temporary/additional charge to the post of Divisional Soil Conservation Officer from 3/9/2012 to 21/11/2012 and Current Duty Charge (CDC) from 22/11/2012 to 13/8/2013 which is well depicted in Annexure P-5. The proposals sent by the Department for grant of exemption in experience under Rule 10 of 2014 Rules for promotion to the next higher post of the Divisional Soil Conservation Officer was accepted by the Department as per their letter dtd. 15/4/2015 (Annexure P-6) with the stipulation that those promoted officers continue to draw their salaries in their present scales till they fulfill the statutory requirement of experience in the lower post. It is under these circumstances, the petitioner claims that he was promoted as Divisional Soil Conservation Officer on 5/9/2015 vide Annexure P-7. The petitioner claims that as per pay fixation order dtd. 4/10/2013 (Annexure P-4), he was already getting salary in the pay scale of Conservator of Soils in the grade of Rs.37400.0067000+8600 (G.P) that is higher than the pay scale admissible to the post of Divisional Soil Conservation Officer. The petitioner alleges that since the petitioner had completed 03 years of experience on 16/9/2018, his file was sent for regular promotion to the post of Conservator of Soils and was also in the meanwhile, granted additional charge to the said post vide order dtd. 24/5/2018 (Annexure P-8). At that point of time, the post of Chief Conservator of Soils was lying vacant and it is claimed that out of extraneous reasons, respondent No.2 was appointed as Chief Conservator of Soils by way of deputation with effect from 8/6/2018 while he was holding substantive post of the Chief Conservator of Forest in Forest Department in the Punjab Government being from Indian Forest Services (IFS) cadre regarding which, formal order Annexure P-9 was issued on 10/12/2018. The allegations have come about that respondent No.2, out of malice, malafidely, for motivated cause to continue on the said post even after deputation period of two years had expired on 7/6/2020, manipulated the records and carried on such making himself eligible for promotion as the Chief Conservator of Soils. It is with this claim the petitioner has invoked the jurisdiction of this Court by way of this petition which was subsequently, remodelled and amended.