HIMMAT SINGH ANEJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, Dr. Himmat Singh Aneja, Director Health Services (Social Insurance) has prayed for quashing of order dated 28.5.1993, a copy of which is Annexure P-11 to the writ petition, vide which respondent No. 2 Dr. Dalbir Singh Bakshi, has been promoted and appointed as Director, Health and Family Welfare, Punjab. The petitioner has further prayed for issuance of direction to respondent No. 1 to consider and appoint him as Director, Health and Family Welfare, Punjab in accordance with the P.C.M.S. (Class-I) Rules, 1979.

(2.) In this writ petition, the twin questions which have cropped up for consideration are whether the petitioner is entitled to be considered for appointment as Director, Health and Family Welfare and whether respondent No. 2 was eligible for promotion as Director Health and Family Welfare by giving preference over and above the petitioner.

(3.) The case of the petitioner as set up in the writ petition is that he was initially appointed as Registrar in P.C.M.S. (Class-II) service w.e.f. 8.2.1964 and on the basis of direct recruitment, through Punjab Public Service Commission, he was appointed as PCMS (Class-I) Officer. It is also the case of the petitioner that at the time of selection, he was placed at serial No. 3 on the merit list whereas respondent No. 2 was recommended at serial No. 6 vide order dated 7.7.1972, copy of which is Annexure P-1 to the writ petition. In pursuance of the selection, the petitioner was appointed vide appointment letter dated 1.3.1973, copy of which is Annexure P-2 to the writ petition. It is also the case of the petitioner that a per first Gradation List of PCMS Class-I, as on 1.7.1975, the petitioner was shown at serial No. 65 and respondent No. 2 Dr. Dalbir Singh Bakshi at serial No. 67. Similarly, in Gradation List of PCMS Class-I as on 1.1.1979, the petitioner was shown at serial No. 62 while respondent No. 2 at serial No. 64. It is also the case of the petitioner that he along with respondent No. 2 was further promoted to the post of Deputy Director vide order dated 18.5.1987 copy of which is Annexure P-4 to the writ petition. However, the petitioner was placed over respondent No. 2 in the Gradation List dated 1.7.1987 as the name of the petitioner was shown at serial No. 7 while that of respondent No. 2 was shown at serial No.9.