P C GOEL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issuance of writ of certiorari to seek quashing of the orders dated 4.1.1985 and 18.9.1984 whereby the petitioners were not permitted to cross efficiency bar.

(2.) The petitioners were appointed against the posts of Sectional Officers (Civil) on different dates since the year 1968 till the year 1974. The conditions of service of the petitioners are governed by the Punjab Public Works Department (Buildings and Roads Branch) Sectional Officers Service (Class III) Rules, 1964 (hereinafter referred to as Rs.1964 Rules'). As per 1964 Rules, persons appointed to the service and members of the service are required to pass such Departmental examination as may be prescribed by the Chief Engineer within three years of appointment to the service. Rules also contemplate that the Chief Engineer may for sufficient cause extend from time to time, the period for passing of the said examination so that the total period for which extension is given does not exceed three years.

(3.) The Chief Engineer Punjab (Buildings and Roads Branch) had issued instructions dated 24.9.1973, a copy of which has been attached as Annexure P.2 stating that the examination will be held twice a year during the months of May and November in accordance with the syllabus approved by the Government in November, 1964. The examinations are required to be conducted by Board of Examiners consisting of one Superintending Engineer as Chairman and two Executive Engineers as members. The said instructions also contemplate the qualifying marks in each subject.