PREM CHAND Vs. SATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This writ petition under Articles 226/227 of the Constitution of India, has been filed by Prem Chand, Junior Engineer, for issuance of a writ of mandamus, directing the respondents to decide his claim for promotion as Sub Divisional Officer consequent upon the expungment of adverse remarks vide Annexure P-3.

(2.) Briefly stated, the facts are that Prem Chand was employed as Junior Engineer in the Punjab Irrigation Department and he joined on 16.6.1961. He held a Diploma in Civil Engineering and belonged to Backward Classes. He was selected for appointment by the Punjab Services Selection Board as a Backward Class candidate. He was confirmed on the post of Sectional Officer which was redesignated as Junior Engineer on 29.1.1980. Under Rule 5 of the Punjab Services of Engineering (Irrigation Branch) Class II Rules, 1941, the channel for promotion from the post of Junior Engineer is to the post of S.D.O. The condition pre-requisite for promotion is that a Junior Engineer should have passed the prescribed departmental examination. The petitioner had passed the departmental professional examination as well as departmental revenue examination in the year 1976 and thus, he became eligible for promotion to the post of S.D.O. It was next contended that he had been serving the department for the last 23 years to the best of his ability and was never communicated any adverse remarks in his confidential reports except the one for a short period of 4 months i.e. from 1.11.1977 to 28.2.1978. During that period, his proficiency was adjudged as below average and further his efficiency for economical working and rapidity in execution of work was also adjudged as below average. Remarks were also given to him that he was obstinate, inefficient and was in the habit of submitting exaggerated estimates and thus, he was given 'C' assessment. The said remarks were communicated to him on 14.5.1979 and he made representation against the adverse remarks vide letter 26.6.1979 but despite subsequent reminders, the said representation was not decided. Therefore, he had to knock the doors of Court and ultimately, it was decided and the adverse remarks were expunged vide office order dated 30.11.1984.

(3.) It was next averred that juniors to him namely Bachitter Singh and Resham Singh belonging to Backward Class were promoted but he was ignored on the basis of those adverse remarks in his confidential report for a period of 4 months. It was also averred that after the remarks in the annual confidential report for the period 1.11.1977 to 28.2.1978 were expunged, he again made representation for promotion but was, not promoted. With these allegations, writ in the nature of mandamus was filed.