KULDIP RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, I propose to dispose of Civil Writ Petitions No. 12596 of 1989 and 1349 of 1993 as common question of law and facts is involved therein. In both these writ petitions, petitioners are seeking a writ in the nature of Mandamus commanding upon respondent No. 2 to take an early date-bound decision in creating reasonable promotional avenues for the petitioners as well as for the introduction of Selection Grade posts for the Class of Manual Assistants.

(2.) In brief, the facts are that the petitioners in both cases are matriculates or have some more qualification, but certainly are not graduates. They were recruited as Manual Assistants in the cadre of Weights and Measures Section, Department of Industries. On 1.7.1985, the Director of Industries recommended the proposal to the Government, recommending therein that 25% posts of Inspector, Weights and Measures, be filled up by promotion from amongst the matriculate Manual Assistants with at least 10 years' service ex- perience as such. No decision on the matter was taken by the Government at that stage and that led to making of another recommendation vide letter dated 13.9.1985. This recommendation was turned down by the Government vide letter dated 16.2.1989 (Annexure P-5). This led to the filing of writ petitions by the petitioners seeking a writ of Mandamus that a direction be issued to the respondents to provide promotional avenues to them.

(3.) In reply, respondents have stated that appointments to the post of Manual Assistant, Inspector Weights and Measures and Dy. Chief Inspector of Weights and Measures, were earlier being governed by the Punjab Industries Department (State Service, Class III) Rues, 1956, but subsequently it came to be governed by the Punjab Weights and Measures (Enforcement) Act, 1958, (hereinafter referred to as the 1958 Act). Section 2(c) of the 1958 Act provided that Inspector Weights and Measures could be appointed under Section 15. Section 15(1) in turn provided that the State Government may appoint a Controller of Weights and Measures for the State and as many Assistant Controllers and Inspectors of Weights and Measures as may be necessary for exercising the powers and discharging the duties conferred or imposed on them by or under the 1958 Act. Rule 23 of the Punjab Weights and Measures (Enforcement) Rules, 1958, framed under Section 44(1)(h) of the 1958 Act laid down the qualifications of Inspector. For facility of reference, Rule 23 of the 1958 Rules is reproduced as under :-