KAILASH NATH DATT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Kailash Nath, in this writ petition, filed by him under Articles 226/227 of the Constitution of India seeks issuance of a writ in the nature of mandamus directing the respondent to consider his claim for promotion to the post of Chief Engineer from the date, his immediate junior was promoted as also to grant him all consequential benefits that may flow from such promotion.

(2.) Brief facts need be noticed first. Petitioner joined Irrigation Department as Temporary Engineer on Nov. 17, 1956 and in due course of time was promoted and appointed to the ranks of Executive Engineer and Superintending Engineer in the years 1968 and 1978 respectively. He claims unblemished service career spreading for a period of 33 years and is said to have earned excellent, very good and good reports all through his career. He, on the basis of his excellent service record, was selected and appointed against the post of Director, Research and Training at Kurukshetra where he was made in charge of imparting training to Senior Engineers, besides organising research work. On the retirement of three Chief Engineers namely Sarvshri V.R. Kalra, P.S. Rao and A.R. Gupta, three vacancies of Chief Engineers became vacant and the claim of petitioner is that against one of three posts, he had become due for being promoted but without considering his claim, Shri S.N. Vig, a person immediately below him in seniority was promoted. Even though in the order of posting of Shri Vig Annexure P-6, it is mentioned that his services have been placed at the disposal of Bhakra Beas Management Board and he is posted there as Chief Engineer, the case of petitioner is that as a matter of fact it is a case of promotion and with a view that he is unable to stake his claim to the post of Chief Engineer, the word 'posting was deliberately mentioned. It is further his case that in fact order Annexure P-5 was substituted on Jan. 25, 1989 wherein it was specifically mentioned that he is promoted as Chief Engineer on ad hoc basis in the scale of Rs. 5900-6700 with effect from Nov. 14, 1988. The representations filed by the petitioner so as to consider him for promotion to the post of Chief Engineer filed prior and after the promotion of Shri Vig when did not bring any tangible result, the present writ petition was filed in this Court.

(3.) The service conditions of the petitioner are governed by the Rules known as Punjab Service of Engineers, Class I, PWD (Irrigation Branch) Rules, 1964 and as per Rule 9, the members of the service are eligible for promotion to any of the posts in the service, namely Executive Engineers, Superintending Engineer and Chief Engineers which shall be made by selection on the basis of merit and suitability in all respects. As per instructions issued from time to time, the petitioner contends that his case for promotion should have been processed for prior to Sept. 30, 1988 when three vacancies became vacant and delay in the process of finalising the case of promotion of petitioner had resulted in cutting short his tenure as a Chief Engineer. It requires to be mentioned here that the petitioner was ultimately promoted to the post of Chief Engineer on March 8, 1989. In the alternative, the case of the petitioner is that he should at least be promoted from the date when his immediate Junior Shri Vig was promoted to the post of Chief Engineer as he was a step below him in seniority while promoting him, the case of petitioner was not even considered.