NALINDER SINGH Vs. PUNJAB MANDI BOARD AND OTHERS

JUDGEMENT

(1.) AS per the averments made in this writ petition, the petitioner was appointed as a Junior Engineer (Mechanical) with the respondent - Board on 01.12.1992 vide Annexure P -1. His services were further regularized on 19.12.1994. At the time of his appointment, the petitioner was a Diploma holder. During his service, in the year 1997 he acquired the qualification of Associate Member in the Institute of Mechanical Engineers (AMIE). The service conditions of the petitioner are governed by the Rules known as 'The Punjab State Agricultural Marketing Board (Class -II) Service Rules, 1988' (hereinafter referred to as, 'the Rules'). According to the said Rules, the next promotional avenue from the post of Junior Engineer (Mechanical) is to the post of Assistant Engineer (Mechanical). As per Appendix 'A' of the Rules, there exist three posts of Assistant Engineer (Planning and Mechanical) in the pay -scale of Rs. 940 -1850. Further Appendix 'B' of the Rules provides for the method of recruitment to the relevant posts. A perusal of Appendix 'B' reveals that for promotion to the post of Assistant Engineer (Mechanical), a Junior Engineer (Mechanical), who is a Diploma holder, must have an experience of 10 years or a Junior Engineer (Mechanical), who is AMIE Degree holder, must have an experience of 5 years. Thus, according to the petitioner, he was eligible for promotion to the post of Assistant Engineer (Mechanical) on 01.12.1997 when he acquired the qualification of AMIE and was also having the requisite experience.

(2.) IT is the further case of the petitioner that vide Annexure P -4 dated 30.07.1990, a Notification was issued whereby an amendment was made in Appendix 'B' of the Rules modifying the post at Sr. No. 5 to Assistant Engineer (Mechanical) from the earlier post of Assistant Engineer (Planning and Mechanical) and the post of Assistant Engineer (Planning) was reallocated at Sr. No. 3 i.e. SDO. Thus according to the petitioner, by omitting the word 'Planning' the said post was rendered for Mechanical field only.

(3.) IT is the further case of the petitioner that vide orders (Annexures P -6 to P -10) the right of promotion of the petitioner has been denied on the wrong premises, (i.e. there exists only one post of Assistant Engineer (Mechanical) to which Amarjit Singh stands promoted).