SURINDER MOHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners were recruited as Surveyors in the Soil Conservation Wing of the Department of Agricultural, Punjab. They were confirmed as such on these posts. Subsequently, they were promoted to the posts of Sectional Officers in the year 1977, purely on ad hoc basic. Vide Memo dated 30th Jan., 1981 (Copy Annexure P-5) the Punjab Government decided that in future 20% of the total number of posts sanctioned for Agriculture Inspectors/Soil Conservation Inspector/Sectional Officer will be filled up by promotion from amongst the Surveyors/Agriculture Sub-Inspectors on the basis of 10% from each category. In this memo, it was also mentioned that the Surveyors/Agriculture Sub Inspectors must have the following qualifications for being considered for promotion :

(2.) When initially the writ petition was filed by the petitioners, they had sought a Writ in the nature of mandamus, directing the respondents to regularise the services of the petitioners as Sectional Officers with effect from their date of promotion. During the pendency of the writ petition, the respondents issued an order dated 7th November, 1990, regularising the services of the petitioners with effect from the dates of their joining as Sectional Officers. However, in the order, two conditions were imposed, which are as follows:-

(3.) Before dealing with the respective arguments of the learned counsel for the parties, I may observe that vide Memo. dated 27th April, 1951, issued by the Deputy Secretary to Government, Punjab, Development Department to the Director of Agriculture, Punjab, it was mentioned that the designation of 'Agricultural Assistant' and 'Mukaddam' posted on District work had been changed to 'Agricultural Inspector' and 'Agriculture Sub-Inspector' respectively.