DHARM PAL Vs. ENGINEER

JUDGEMENT

(1.) The two petitioners herein are working as Mali-Cum-Chowkidar on work charged basis in the P.W,D. Public Health Branch of the State of Haryana. They were appointed as such on Jan. 12, 1984 and Nov. 19, 1984 respectively. Three other persons viz. respondent Nos 3 to 5 were similarly recruited as Mali-cum-Chowkidar after the petitioner, on May 14,1985 Nov. 23, 1984 and Nov. 21, 1984 respectively. On these premises, the petitioners claim that respondent Nos 3 to 5 are junior to them.

(2.) Inspite of the fact that the petitioners are senior to respondent Nos. 3 to 5, they were not promoted to the posts of Water Pump Operator Grade II on July 26, 1985 when respondent Nos. 3 to 5 were promoted. The petitioners aver that they represented and that in spite of the recommendation having been made in Nov. 12, 1987 by the Executive Engineer to the Superintending Engineer, the petitioners have, not been granted the requisite relief. As a result the petitioners have approached this Court through the present petition with a prayer for the issue of a mandamus directing the respondents to consider the petitioners for promotion with effect from the date the persons junior to then were promoted.

(3.) This writ petition was admitted in the year 1989. On august 20, 1992 when Mr. Jaswant Singh, Advocate appeared on behalf of the State of Haryana but no one appeared on behalf of the private respondents, it was directed that actual date notice be sent to the respondents for Oct. 12,1992. The office reports that the notices were actually sent on Aug. 28, 1992 and they have been duly served on the respondents.