VISHNU BHAGWAN Vs. PUNJAB MANDI BOARD, CHANDIGARH

JUDGEMENT

(1.) These two petitions, viz. C.W.P. No. 9229 of 1990 and 7467 of 1992 involve an identical question. These can, therefore, be disposed of by one order. The facts as emanating from C.W.P. No. 9229 of 1990 may be briefly noticed.

(2.) The seven petitioners aver that they were working in different departments/Boards of the Government and had put in service of five years or more as Draftsmen by the year 1982. They applied for direct recruitment to the posts of Divisional Head Draftsmen, which had been advertised by the Punjab Mandi Board. They were selected and appointed as such on Aug. 31, 1982. In the advertisement issued by the Board, it had been inter-alia provided that the applicant should have an experience of five years as Draftsman. The service rendered by the petitioners in the departments of the Government or various Boards etc. was considered as sufficient experience and as a result they were considered to be eligible and were allowed to compete. After the selection, the petitioners were actually appointed as Divisional Head Draftsmen vide order dated Aug. 31, 1982. Petitioner No. 1 was thereafter promoted as Circle Head Draftsman on Dec. 27, 1989. All the petitioners were confirmed as Divisional Head Draftsmen on March 2, 1990. They have continued to work on their respective posts.

(3.) Respondent No. 2 was appointed as a Divisional Head Draftsman by promotion on April 8, 1993. The list, circulated by the respondent-Board vide its letter dated Dec. 15, 1989, the petitioners are senior to respondent No. 2. In spite of this, vide orders dated Feb. 2, 1990, respondent No. 2 was promoted as Sub Divisional Officer (Civil) without considering the claims of the petitioners. Aggrieved by this action, the petitioners have approached this Court through the present petition. The promotion of respondent No. 2 have been primarily challenged on the ground that it is violative of Art. 16 inasmuch as the claims of the petitioners, who even though eligible were not considered while their junior was promoted.