STATE OF PUNJAB Vs. MAJOR SINGH GILL

JUDGEMENT

(1.) The matter here concerns the promotion of a Sub Divisional Engineer, to the post of Executive Engineer. Major Singh Gill, the writ petitioner, was appointed Sub Divisional Engineer, in the punjab Service of Engineers, Public Works Department, B & R Branch, Class II Service, in August, 1972. He was confirmed as such on September 6,1974 and later crossed his efficiency bar w.ei. February 1,1982.

(2.) Promotion from the post of Sub Divisional Engineer, is to the post of Executive Engineer, which is a class I post in the Punjab Service of Engineers. This promotion is governed by the Punjab Service of Engineers, Class I, PWD (B&R) Rules, 1960 and, in terms thereof 8 years service and passing of the departmental examination are essential pre-requisites for such promotion. These rules further provide that a Committee shall meet at intervals, ordinarily not exceeding one year, to consider the cases of all eligible officers for promotion as on the first day of January that year. The list, that is so prepared, has then to be forwarded to the Punjab Public Service Commission and it is only thereafter that after considering the views of the Commission that the promotions are to be made by the Government

(3.) In the present case, the writ petitioner, Major Singh Gill, became eligible for consideration for promotion to Class I w.e.f. January L 1981, as by that date, he had completed 8 years service. As it happened, however, the screening committee, which was required to meet every year, to consider cases for promotion to Class I, did not meet from 1979 till 1989. During this period, to meet the requirements of work, however, the eligible Class II Engineers were promoted to Class I, on ad hoc basis. In this manner, the writ petitioner, too was promoted as Executive Engineer w.e.f. March 3, 1986.