JASPAL SINGH Vs. DIRECTOR, PGI, CHANDIGARH

JUDGEMENT

(1.) Jaspal Singh, a boilerman, working in the engineering department of the Post Graduate institute of Medical Education and Research Chandigarh (hereinafter to be referred to as the PGI Chandigarh) seeks a writ in the nature of certiorari so as to quash order annexure P-4 vide which he was reverted to his original post of oilman with immediate effect.

(2.) Brief facts on which the relief indicated above rests reveal that the petitioner was originally appointed as oilman on the work charge (regular) basis on 26th of April, 1980, in the scale of Rs. 196-232 which was later revised to Rs. 750-940. The next higher post available to a oilman by way of promotion is that of boilerman. The petitioner was given current duty charge of boilerman on 20th March, 1989, and thereafter appointed on the said post on work charge (regular), basis vide orders dated 1st January, 1990 (Annexure P-3). It is mentioned in the appointment letter aforesaid that the terms and conditions of his appointment will be the same on which he was initially appointed i.e. on the post of the oilman. On 6th of March, 1992, however the petitioner was reverted to the post of oilman. It is this order as indicated in Annexure P-4 which is impugned.

(3.) It has been pleaded and so argued by Mr. Arora, learned counsel for the petitioner, that not only that the impugned order has been passed without hearing the petitioner, adversely affecting his rights, but the same is otherwise based on incorrect facts as one Avtar chand junior to him was retained in service, as also that giving two posts out of five to scheduled caste persons amounted to reservation in excess of the permissible limit. On all these counts, it is made out by the learned counsel for the petitioner that the impugned order deserves to be set aside. The claim of the petitioner as made out above has been opposed and it is pleaded in the written statement filed by the respondent that the post of boilerman is not a promotional post and was required to the filled up through direct recruitment. It is also pleaded that the petitioner was appointed as boilerman merely for one year vide order dated 1st of January, 1990 (Annexure P-3) and due to non-availability of the post of boilerman of general category, the petitioner was reverted to his original post of oilman as he was the junior most, while elaborating the facts it has been further pleaded that as per reservation roster maintained for the post of boilerman, one post of boilerman was required to be filled up from among scheduled caste candidates. Owing to nonavailability of departmental scheduled caste candidates, a requisition was sent to the employment Exchange and on receipt of non-availability certificate from that quarter, the post in question was advertised in the press. It is further placed that after considering suitability of Avtar Chand, a scheduled caste candidate, by the selection committee, he was appointed Boilerman against the reserved post. As this reserved point was filled up from the open market, the question of inter se seniority between the petitioner and Avtar Chand is irrelevant.