BALDEV PRASAD KASHYAP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WE have heard the learned counsel for the parties at length and perused the record of the case.

(2.) THE petitioner claims to be senior to respondents No. 2 on the post of Senior Town Planner. The highest post in the department is the Chief Town Planner which is to be filled by promotion from the cadre of Senior Town Planner. The petitioner and respondent No. 2 both belong to the cadre of Senior Town Planner. By order dated 15 -1 -2003, respondent No.2 had been promoted on the post of Chief Town Planner. The petitioner claims that he being senior, was entitled to be promoted.

(3.) A written statement has been filed. It is stated that the post of Chief Town Planner is to be filled under the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 (hereinafter referred to as ''the 1994 Rules ''), amended up to 31 -12 -2001. The post of Chief Town Planner, Punjab, is that of Head of Department and the State Government was conscious of the fact that there should be a distinction in the criteria of selection of an incumbent to the post of Head of Department which carries heavy responsibilities. Therefore, conscious policy decision was taken by the government by letter No. 4 -6 -2000 -3PPI/13720 dated 6 -9 -2001, that the cases pertaining to the promotion as Head of Department would be decided strictly on the basis of merit cum seniority, and the officer who is graded as "Outstanding '' would supersede the officer graded as ''Very Good ''. These conditions have been incorporated in the 1994 Rules which were amended vide Punjab Government Notification No. G.S.R. 117/ Const./Art.309/Amd. (7)/2001, dated 18 -12 -2001. The vacancy, in the present case, became available on 1 -1 -2002. By that time, a decision had been taken on 6 -9 -2001 which has subsequently crystallised into and taken the shape of statutory rules under proviso to Article 309 of the Constitution of India. Case of respondent No. 2 was considered along with the petitioner and the Departmental Promotion Committee prepared the panel as follows: -