ASHWANI KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) - This order will dispose of CWP Nos. 13714 of 89 and 7589 of 1991. In sequence of time, CWP No. 13714 of 1989 was filed earlier. Consequently, the facts as stated in this petition may briefly be noticed.

(2.) The petitioners herein are working as Tracers or Draftsmen in the Department of Architecture. It is averred that there are 34 posts as Senior Draftsmen in the department. These posts, the petitioners aver, are to be filled up by promotion from amongst the Draftsmen to the extent of 50 per cent and the remaining 50 per cent have to be filled up by direct recruitment. It is the case of petitioners that the recommendation in this behalf was made by the Third Pay Commission and that this recommendation was accepted by the department.

(3.) On June 9, 1988 the department advertised 8 posts of Senior Draftsmen. 2 out of these 8 posts were reserved for members of Scheduled Caste and Tribes, one for Backward Classes and one for ex-servicemen, or their wives/children. The petitioners claim that in pursuance to this advertisement, the department actually appointed 12 persons instead of 8. It is further averred that prior to this advertisement nine posts were actually held by the direct recruits and on the appointment of 12 more persons by way of direct recruitment, their total number has risen to 21. It is further averred that 3 more persons viz. Smt. Tejinder Kaur, Miss Sunanda and Mrs. Baljit Kaur were appointed on ad hoc basis. As a result, out of 34 posts, 24 are held by direct recruits which is violative of the quota laid down for the purpose of working recruitment to the posts of Senior Draftsman.