KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who is serving on the post of Sub Divisional Engineer under the Punjab State Irrigation Department, has filed the instant writ petition assailing the action of the Reviewing Officer in having down-graded his Annual confidential Report for the year 2006-2007 from B+(Good) to B(Average).

(2.) The petitioner joined service in the respondent- Department as a Junior Engineer on 14.4.1980 and was promoted as Sub Divisional Engineer on 14.3.1996. Further promotion to the post of Executive Engineer is governed by the Punjab Irrigation Department (Group 'A) Service Rules, 2004 (for short '2004 Rules'). Under the statutory Rules, appointment to the post of Executive Engineer is 100% by way of promotion from amongst Sub Divisional Engineers having a working experience as such for a minimum period of eight years. The criteria laid down for promotion is seniority-cum-merit. Still further, promotion to Group 'A' and Group 'B' services is to be made in accordance with Rule 18 of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 (for short '1994 Rules'). The post of Executive Engineer is a Group 'A' post and under Rule 18 of the 1994 Rules, for promotion to such Group 'A post, the minimum benchmark required to be fulfilled has been laid down as 'Very Good' as per instructions issued by the State Government from time to time. The relevant instructions dated 6.9.2001 were issued by the State Government in relation to promotion to posts falling in Group 'A' other than the Head of Departments and it was stipulated that the Annual Confidential Reports for the last five years are to be taken into consideration and the minimum benchmark will be at least 12 marks.

(3.) Relevant extract of the instructions dated 6.9.2001 would read as follows: