LAWS(P&H)-2002-11-180

AVTAR SINGH Vs. STATE OF PUNJAB

Decided On November 27, 2002
AVTAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Avtar Singh-petitioner has filed this writ petition under Article 226 of the Constitution seeking issuance of a writ in the nature of certiorari to quash orders, Annexures P-6/A, P-10, P-14 and P-18 dated 1.4.1976, 16.1.1973, 24.12.1976 and 20.2.1985 respectively. In consequence of setting aside of the aforesaid orders, he further prays that he may be considered for promotion to the post of Senior Auditor and be promoted as such from the dates persons junior to him, namely, respondents No. 5 to 42 were promoted.

(2.) The case has a chequered history but there is no need to give the same as suffice it to say that the impugned order dated 20.2.1985, Annexure P-18 primarily came to be passed against the petitioner on the ground that the petitioner, even though having been appointed as Inspector on general side on 14.3.1964, did not agitate the matter pertaining to seniority in the Audit Wing for which he had made his option way back in the year 1956 i.e. for long six years. The conclusion to the aforesaid effect was drawn that by conduct, the option given by the petitioner had already come to an end. It requires to be mentioned here that order, Annexure P-18 came into being on a direction issued by the Court when an earlier petition was filed by the petitioner wherein it was directed that the concerned authority shall decide the representation of the petitioner by passing a speaking order.

(3.) Mr. Bawa vehemently contends that the Audit Wing of the Department was not a permanent affair. Some times the said Department was abolished and some times it was revived. When the petitioner was promoted on the post of Inspector on the general side, the Audit Wing was not in existence. In a situation as mentioned above, counsel further contends that once there was no Audit Wing in existence, the petitioner had no choice but to accept the post of Inspector on the general side and that being so, it was not possible for the petitioner to agitate the matter of seniority in the Audit Wing.