KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has challenged the officer order No. 2601-03/24-E, dated May 4, 1981 passed by the Superintending Engineer, Shah Nehar Circle Talwara reverting him from the post of Research Assistant to that of Silt Analyst, in this petition under Articles 226/227 of the Constitution of India.

(2.) The petitioner was appointed as a Silt Analyst on purely temporary basis vide letter No. 3116-17/145-E, dated Oct. 9, 1973 issued by the Superintending Engineer, Shah Nehar Circle, Punjab, Chandigarh. His services were regularised with effect from April 1, 1977 vide office order No. 3010-14/72-E1, dated April 9, 1979 issued by the Superintending Engineer, Shah Nehar Circle Talwara in pursuance of Chief Secretary to Government Punjab's C Circular letter No. (4220)6/133/78/Volume 1/16933, dated May 25, 1978 and 4426-61133/78/P. F/17898, dated June 1, 1978. He was promoted as Research Assistant Grade 'B' in stopgap arrangement on ad hoc basis for three months vide office order No. 915-17/24-E, dated Feb. 3, 1978. He continued to work as Research Assistant till May 4, 1981 when by the impugned office order dated May 4, 1981 he was reverted to his substantive post of Silt Analyst. The order says that the petitioner could only be promoted as Research Assistant after he had completed his five years, regular service as Silt Analyst, i.e. on April 1, 1982. It is this order which has been assailed in this petition.

(3.) The writ petition came up for motion hearing on May 18, 1991. The Bench stayed the reversion of the petitioner. The writ petition was admitted to hearing on July 23, 1981 and the ad-interim stay order by which the petitioner's reversion has been stayed was maintained. The resultant effect is that the petitioner is continuing as Research Assistant till today. Since no one has put in appearance on behalf of the petitioner. It is probable that by now he might have got his next promotion also.