ISH KUMAR GIRDHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner herein was promoted to the Post of Head of the Department in the year 1973. He was reverted vide order dated February 16, 1985. Aggrieved by this order of reversion, the petitioner has approached this court through the present writ petition.

(2.) The petitioner passed his Degree Examination in Mechanical Engineering in the year 1964. He was appointed as a Lecturer in Mechanical Engineering on ad hoc basis in August, 1964. On the receipt of recommendations of the Public Service Commission his services were regularised on May 11, 1965. On November 18, 1971, the petitioner was promoted as Senior Lecturer in Automobile Engineering. It is claimed that the petitioner in fact performed the duties of the post of Head of the Department of Automobile Engineering till November 15, 1973 when in pursuance to an order dated September 13, 1973 he took over as head of the Department of Mechanical Engineering on November 16, 1973. The petitioner was allowed to cross the efficiency bar in the pay scale of 750-50-1000/50-1300 as Head of the Department vide order dated July 19, 1982. With periodic approval of the Commission the petitioner continued to work as Head of the Department of Mechanical Engineer. On February 16, 1985 the Government ordered his reversion to the post of Lecturer. Thereafter, on July 17, 1987, the petitioner was promoted from the post of Lecturer to that of a Senior Lecturer and ultimately on November 19, 1987 he was promoted as Head of the Department of Mechanical Engineering. The petitioner submitted some representations against the order of his reversion in the year 1988 and vide order dated August 12, 1988 the Government rejected the petitioner's representation against the order of his reversion. Aggrieved by the action of the Government in reverting him from the post of Head of the Department to that of Lecturer and in not event fixing his pay correctly the petitioner has approached this court through the present Writ Petition.

(3.) Written statement has been filed on behalf of the respondent. Preliminary objections regarding maintainability of the Writ Petition on account of delay and laches as also the absence of necessary parties have been raised. On merits, it has been pointed out that the petitioner had been promoted purely on ad hoc basis as the original incumbent of the post of head of the Department Mr. Ajmer Singh had proceeded on deputation to the Central Polytechnic, Chandigarh. The vacancy according to the respondent was of temporary nature and since the Public Service Commission refused to grant further extension to the ad hoc promotion of the petitioner, he was ordered to be reverted on February 16, 1985. It is averred that a committee had been constituted to make suggestions regarding the qualification and pattern of staff in the various Polytechnics. After the receipt of the recommendations of the Committee a draft of the rules had been prepared. Those rules were notified on September 26, 1986. Under these rules the post of Head of the Department could be filled up by promotion from amongst the Senior Lecturers in the particular discipline. It was provided that a person to be eligible should have worked for 12 years as Lecturer out of which two years should have been in the capacity of a Senior Lecturer. On this premises, it is maintained that the petitioner was not even eligible at the relevant time to continue as Head of the Department. On the presumption, the order of reversion is sought to be sustained.