B.S. KHANNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of seven Civil Writ Petitions Nos. 6096, 2304 and 2536 of 1987, 1077 and 1078 of 1988, 14333 of 1989 and 4362 of 1991, as common questions of fact and law are involved.

(2.) The petitioners are Shift Engineers/Junior Engineers/Draftsmen working in Haryana State Minor Irrigation (Tubewells) Corporation Limited (hereinafter referred to as 'the Corporation'), for the last several years. They have been working against the posts of Sub Divisional Officers/Assistant Engineers, but have not been promoted on regular basis due to imposition of the ban by the State Government on making of regular promotions by the Corporation, vide memorandum dated 19th March, 1986, Annexure P.2. On the other hand, a number of employees of the Haryana Irrigation Department have been brought during the last many years and are even now being brought on deputation by the Corporation for being promoted on higher posts without considering the claim of the petitioners. Thus, the petitioners have been deprived of regularisation of their services and regular promotions in the higher rank even though they are required to discharge the duties of higher post without any emoluments. Aggrieved against this unfair and arbitrary treatment meted out to them by the Corporation, the petitioners have invoked the writ jurisdiction of this Court.

(3.) In the written statement, the Corporation has pleaded that no doubt the petitioners are fully qualified and eligible for being promoted as Sub Divisional Officers and they have also qualified the Departmental Professional Examination and the Junior Engineers/Head Draftsmen are required to pass before promotion as Sub-Divisional Officers, yet they have been appointed as Shift Engineers, only as a stop-gap arrangement in their own pay scale without any extra financial remuneration. It has further been pleaded that since the petitioners did not raise any objection at the time of their posting and joining as Shift Engineers, they are now estopped from raising any objection at this stage, nor can they be permitted to claim the salary of Sub Divisional Officers. It has also been admitted that a number of officers of the Haryana Irrigation Department are working on deputation with the Corporation even after the expiry of their period of deputation because their repatriation to the parent department has not been ordered by the State Government, and they are still working as Sub-Divisional Officers because of the stoppage of promotion and direct recruitment as Sub-Divisional Officers by the State of Haryana.