RAM GOPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The only grievance made in this petition is that the executive instructions dated 17th of July 1969 cannot be made applicable retrospectively.

(2.) In brief, the facts are that petitioner No. 1 was initially recruited as Clerk in the department of Home Guards and was promoted as Platoon Commander on 21.6.1966. Petitioner Nos. 2 to 4 were recruited directly as Platoon Commanders on 24/25/26-5-1967 respectively. Thereafter, petitioner No. 1 was promoted as Company Commander on 25.5.1972, whereas petitioner Nos. 2 to 4 were promoted as such on 4.8.1972. According to the petitioners, vide Memo No. 27-Grade-I CD-66/804 dated 14.4.1966 from the Secretary to Government, Punjab, the Government directed that 50% of the posts of Company Commanders should be reserved for departmental promotions based on seniority tampered by selection, while the remaining 50% should be filled up by direct recruitment. The allegation of the petitioners is that the quota of promotees was never fully filled in from the posts meant for promotees and these were filled in by direct recruits. The grievance made in the writ petition is that they should have been promoted in the year 1968-69, but were not considered for promotion and the posts falling to their share were filled in by way of direct recruitment.

(3.) Respondents in their written statement, which was filed through Sh. Krishan Kumar IPS Commandant General, Punjab Home Guards and Director Civil Defence, Punjab, Chandigarh, have stated that the petitioners were not considered for promotion to the post of Company Commander, on the basis of 50 : 50 quota because of instructions dated 17.7.1969 issued by the Head of Department. Vide these instructions, the required condition for promotion to the next rank of Company Commander was 5 years service as Platoon Commander which the petitioners did not fulfil and thus, they were not considered for promotion in the year 1966-67.