STATE OF PUNJAB Vs. ANIL SHARMA

JUDGEMENT

(1.) The appellant-State has filed this appeal against order 28/4/2021 whereby the CWP-12348-2020 (O&M), filed by respondent No.1-Anil Sharma (petitioner therein) was allowed as follows:-

(2.) Case of respondent No.1 (petitioner therein) in brief is that he joined Department of Soil and Water Conservation as Sec. Officer on 5/8/1989. The said post was subsequently re-designated as Soil Conservation Officer. Respondent No.1 was promoted as Sub-Divisional Soil Conservation Officer. He was further promoted as Divisional Soil Conservation Officer on 16/9/2015 vide (Annexure P-7). Subsequently he was also given additional charge of Conservator of Soils vide order dtd. 24/5/2018 (Annexure P-8). At that time, the post of Chief Conservator of Soils was vacant and the State Government appointed respondent No.2- Dharminder Sharma, the then Chief Conservator of Forests, Punjab as Chief Conservator of Soils, Punjab, on deputation for the period from 2/7/2018 to 2/7/2020. The tenure of the said incumbent had expired on completion of deputation period of two years. However, respondent No.2-Dharminder Sharma manipulated the things and got extended his period of deputation for another one year/till the departmental officer becomes available for appointment as such, vide order dtd. 27/5/2020 (Annexure P-13). The respondent No.2 also started manipulating the record so that no one from the Department could complete the requisite period of service, for promotion to the post of Chief Conservator of Soils. The promotion of respondent No.1 was unnecessarily got delayed and finally he was promoted as Conservator of Soils vide order dtd. 14/10/2019 (Annexure P-10). The respondent No.1 being aggrieved filed the writ petition that he be considered and promoted as Chief Conservator of Soils, Punjab w.e.f. 24/5/2020, as on that date he was having the requisite experience of two years as Conservator of Soils. He also sought quashment of the instructions dtd. 14/12/2016 (Annexure P-19) which provide that the period of Current Duty Charge will not be counted for the purposes of experience, seniority or any other benefit. He also challenged order dtd. 27/5/2020 (Annexure P- 13).

(3.) On notice of motion, the State filed reply by way of affidavit of Mr. Rahul Gupta, Joint Secretary Agriculture, Punjab. Even respondent No.2 filed short reply. The State as well as respondent No.2-Dharminder Sharma contested the claim of respondent No.1 (petitioner therein) and took plea that the respondent No.1 (petitioner therein) was just given additional charge of the post of Conservator of Soils vide order dtd. 24/5/2018 (Annexure P-8) and the said period cannot be counted towards experience of two years, as is required, for promotion to the post of Chief Conservator of Soils. The State while taking the said plea referred to Notification dtd. 14/12/2016 (Annexure P-19) as per which the period of Current Duty Charge has not to be counted for the purposes of experience, seniority or any other benefit.