TIRATH SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

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

(2.) The petitioner seeks a writ of mandamus directing the respondents to frame a uniform policy for promotion of Junior Engineers to the post of Sub- Divisional Engineers/Assistant Engineers/P.S.E. Class-II Services. It is prayed that the respondents be directed to frame specific criteria to determine the scope of the word "outstanding" as set out in the Proviso to Rule 5 of the Punjab Service of Engineers Class-II (Punjab Public Works Department, Irrigation Branch) Rules, 1941.

(3.) The petitioner claims that there is stagnation in the cadre of Junior Engineers due to non-availability of promotional posts in the Public Works Department. The promotion on the higher post is governed by the Punjab Service of Engineers Class-II (Public Works Department, Irrigation Branch) Rules, 1941 (hereinafter referred to as 'the Rules'). Rule 5 of the Rules, provides that members of the Overseers Engineering Service Irrigation Branch, and members of the Irrigation Branch (Provincial Draftsman & Tracers) service would be eligible for promotion to P.S.E. Class-II, provided they fulfil the qualifications laid down in Rule 3. The proviso to the aforesaid rule provides that these qualifications may be relaxed by the government on the recommendation of the Chief Engineer in order to admit the promotion of a member of the Overseer Engineering Service or Irrigation Branch (provided Provincial Draftsman and Tracers) service of outstanding merit, who may not possess the qualifications specified in Rule 3. The grievance of the petitioners is that a large number of promotions have been made of the members of the aforesaid service who are simply styled as persons of outstanding merit for granting them out of turn promotion. It is submitted by the learned counsel that there is no rationale criteria laid down which would be fair and applicable to all the eligible Junior Engineers/Overseers.