K.C. KASHYAP Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner on his selection by Punjab Public Service Commission, was appointed as Sub Divisional Officer on 28.8.1964. In May, 1971, petitioner was sent on deputation by the State of Punjab to Bhakra Beas Management Board respondent No. 3 (hereinafter referred to as the Board) and posted at Nangal Township where he served upto 12.4.1984 except for a brief period between April, 1976 to March, 1979 during which period he served in Algeria on foreign assignment duly sponsored by the Central Government.

(2.) Consequent upon the transfer of completed component of Beas Project Units and thereupon winding up of Irrigation Wing, the Board reverted the petitioner as Executive Engineer and relieved him from 12.4.1984 (afternoon) to his parent State of Punjab in public interest. Office Order No. 164 dated 13.4.1984 was issued by the Board with copy to the State of Punjab in continuation of his letter dated 28.3.1984 requesting respondent No. 1 to issue posting order of the petitioner in his own State. Petitioner was awaiting his posting order on his being relieved w.e.f. 12.4.1984 (afternoon) but no posting orders were given to him till 9.5.1984. Vide order dated 9.5.1984 (Annexure P/2) petitioner was given his posting order by the State of Punjab as Senior Design Engineer in Thein Dam Construction Directorate vice Shri Harcharan Singh, Executive Engineer. Petitioner in response to his posting order dated 9.5.1984 (Annexure P/2) reported his arrival to the authorities in Thein Dam Construction Directorate but his joining report was not accepted on the ground that the posting orders dated 9.5.1984 (Annexure P/2) were under review. Subsequently, his posting orders were cancelled by respondent No. 1 vide its order dated 2.7.1984 copy of which has been placed as Annexure P/3 to the writ petition. It was further stated in the order Annexure P/3 that posting order of the petitioner as Executive Engineer shall be issued in due course.

(3.) Petitioner vide his representation dated 9.7.1984 (Annexure P/4) requested the State of Punjab that he was relieved with effect from 12.4.1984 by the Board and thereafter in partial modification of order dated 30.4.1984, the order dated 9.5.1984 (Annexure P/2) was issued posting him as Senior Design Engineer but the same was cancelled vide order dated 2.7.1984 (Annexure P/3) and that his further posting order should be issued to avoid unnecessary hardship. No action was taken on this representation. Petitioner issued several reminders reiterating his request for posting order but no action was taken on those reminders either.