S.C. DIWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as Sectional Officer (Junior Engineer) in the Haryana Public Works Department (Buildings and Roads Branch) on 15th March, 1972. Since then he has been continuing in service. At the time of joining service, the petitioner was a diploma holder, but later on, during service, he passed Sections A and B of the Institution Examinations in Mechanical Engineering Branch in Summer 1975 and Summer 1980, respectively. By acquiring this qualification from the Institution of Engineers (AMIE), the professional qualifications of the petitioner became at par with a full-fledged degree-holder in Engineering in 1980. Since the petitioner was the only qualified Junior Engineer who was to be considered for promotion to the next rank of Sub Divisional Engineer against the quota of AMIE qualified Junior Engineers, a regular Departmental Promotion Committee was constituted in 1981 for considering the case of the petitioner for promotion. After the necessary screening, as required by the statutory service rules the petitioner was promoted on 11th Dec., 1981, as Sub Divisional Engineer (Mechanical). This promotion was made in pursuance of Rule 6(4) of the Punjab Service of Engineers, Public Works Department (Buildings and Roads Branch) Class II Rules, 1965, as applicable to the State of Haryana, on ad hoc basis for a period of six months. The petitioner joined in the promoted rank on the post of Sub Divisional Engineer (Mechanical) on 30th Jan., 1982, and the period of his promotion was extended from time to time till 3rd Sept., 1985. Though according to the averments made by the petitioner his work and conduct during this period were wholly satisfactory, yet he was reverted from the post of Sub Divisional Engineer even when, according to the petitioner, a post of Sub Divisional Engineer was still lying vacant at roster point No. 40 meant for the AMIE qualified Junior Engineer. The petitioner represented against his reversion but when his grievance was not redressed, he approached this Court for being promoted retrospectively with effect from 4th Sept., 1985, as he was the seniormost qualified and eligible AMIE Junior Engineer in the Department and also for regularisation of his services as such, with effect from 8th April, 1988, when a permanent post for AMIE quota became available.

(2.) In reply to the writ petition, the respondents in their written statement have almost admitted the factual position but have sought to justify the impugned action by pleading that since the appointment of the petitioner, to start with, was under rule 6(4) of the Service Rules ibid it was a short term vacancy in the exigencies of public service for a period of six months starting from Dec., 1981, which, of course, continued upto 3rd Sept., 1985. Since, according to the respondents, the permanent vacancy for AMIE quota became available only on 8th April, 1988, the petitioner could be adjusted against the same from that date only.

(3.) After hearing the learned counsel for the parties and having gone through their pleadings, I am of the considered view that the writ petition deserves to be allowed, as the impugned action of the respondents in not considering the petitioner for promotion as Sub-Divisional Engineer with effect from 4th Sep., 1985, was wholly arbitrary and untenable in law. According to Rule 6 of the Punjab Service of Engineers, Public Works Dept. (Buildings & Roads Branch) Class II Rules, 1965 recruitment to Service is provided as under :