VED PARKASH TAKYAR Vs. SECRETARY TO GOVERNMENT, PUNJAB

JUDGEMENT

(1.) Plaintiff-appellant has filed this appeal against the judgment and decree dated 27th July, 1987 passed by the Addl. District Judge, Patiala.

(2.) The plaintiff filed the suit for declaration and injunction stating that he was working as Sub Divisional Officer in Punjab Government, Department of Rural Development and Panchayats, that the promotion to the rank of Executive Engineer is ordered according to seniority; that there are no service rules prescribing passing of A.M.I.E. certificate for promotion to the rank of Executive Engineer; that plaintiff was promoted as Executive Engineer on 31st July 1981; that there was no condition in the order of promotion that if the plaintiff does not pass A.M.I.E. certificate, he will be reverted; that the work and conduct of the plaintiff was satisfactory since his promotion as Executive Engineer; that the Government took an executive decision that for earning promotion to the rank of Executive Engineer, it is necessary to pass the A.M.I.E. certificate; that on the basis of the aforesaid decision the Secretary to Government of Punjab, Rural Development and Panchayat Department, Chandigarh vide order dated 25th November, 1982 passed order of reversion of the plaintiff from the post of Executive Engineer to the rank of Sub-Divisional Officer; that the order of reversion had not been implemented so far and the plaintiff was continuing as Executive Engineer with all benefits of the post of Executive Engineer and that the order dated 25th November, 1982 reverting the plaintiff from the post of Executive Engineer to that of Sub-Divisional Officer is illegal, ultra vires, null and void.

(3.) In the written statement, it was submitted that the promotion to the post of Executive Engineer is made on the basis of seniority-cum-merit, that only those Sub-Divisional Officers can be considered for promotion who have seven years experience as Sub-Divisional Officer and have a degree of C.E. or A.M.I.E. certificates.