SOHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners were originally recruited as Male Social Workers in the Directorate of Director, Welfare of Scheduled Castes and Backward Classes, Punjab between the period Dec., 1959 to Jan., 1968. The post Of Male Social Worker carried a pay scale offers, 60-100.00. Tehsil Welfare Officers were on different cadres but carried the same scale of pay i.e. 60-100.00. The posts of Male Social Worker and Tehsil Welfare Officers were inter-changeable. In the year 1970 on the recommendations of the First Pay Commission, the cadre of Male Social Worker was abolished and the grade of Tehsil Welfare Officer was received from Rs. 60-100.00 to Rs. 110-200.00. The post of Social Male Worker was merged in the cadre of clerks. Petitioners alongwith other Male Social Workers were given the pay scale of Rs. 110-250.00 i.e. the scale of clerks. At this particular period of time pay scale of Tehsil Welfare Officer carried a lower pay scale than that of clerks. The pay scale of Tehsil Welfare Officers was revised from 110-200.00 to Rs. 140-300.00. Certain persons including one Shri Boota Singh, Male Social Worker was promoted to the post of Tehsil Welfare Officer being the senior most Male Social Worker. In the year 1970 six posts of Tehsil Welfare Officers fell vacant. Six persons from the posts of clerk were promoted as Tehsil Welfare Officers on 14.8.1970. In the year 1971 Naranjan Singh, Clerk who was junior to the petitioner was promoted as Tehsil Welfare Officer. Since Naranjan Singh was junior to the petitioner representations were filed against his promotion.

(2.) On May 22, 1975, the Government asked the petitioners to submit their option as to whether they would like to be promoted as Accountants/Assistants/Junior Auditors or Tehsil Welfare Officers. A copy of this letter has been appended as Annexure P-4 to the petition. Petitioner gave his option in writing that he would like to be appointed as Tehsil Welfare Officer. In the month of Feb., 1976, four posts or Assistant/Junior Auditors fell vacant.

(3.) Sohan Lal petitioner No. 1, Sawinder Singh petitioner No. 3 and Gurdev Singh petitioner No, 4 were promoted as Accountant on 4.11.1972, 8.11.1973 and 24.5.74 respectively i.e. before 22.5.1975 when the option of the petitioners were taken. Other petitioners were promoted as Assistant/Accountants/Junior Auditors vide orders dated 27.4.1978, 5.12.1978, 22.1.1979, respectively copies of these orders have been appended as Annexures p. 6 and p.7 to the petition. On 11.10.1979 five posts of Tehsil Welfare Officers were advertised to be filled in by direct recruitment. In pursuance of the said advertisement no recruitment was made as the interviews were not held by the department. Petitioner file their representations that they be promoted to the post of Tehsil Welfare Officer. Government took the decision on 5.2.1980 (i.e. the date of issuance of letter Annexure p. 10, that all Male Social Workers who were later on merged with the cadre of clerks and who had given their options to be promoted against the post of Tehsil Welfare Officers, should be promoted immediately. Petitioners have alleged that instead of promotion the petitioners to the post of Tehsil Welfare Officers respondent No. 2 advertised 11 posts of Tehsil Welfare Officers on 25.11.1980 to he filled by direct recruitment copy of this advertisement has been appended as Annexure p. 11 to the petition and the same has been impugned in this writ petition inter alia on the ground that action of the respondents in advertising the posts of Tehsil Welfare Officers to be filled in by direct recruitment was violative of Art. 14 of the Constitution of India as they had been denied equality of opportunity inasmuch as in spite of their eligibility and entitlement, their claims arc not being considered for promotion; that the Government by its own action was estopped from filling these posts by direct recruitment because of the options given by the petitioners; that the action was violative of principles of natural justice and hence without jurisdiction.