PREM SARUP Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) CHALLENGE in this petition filed under Article 226 of the Constitution of India is to the notification dated 18th December, 2002 (Annexure P. 7). The notification has incorporated amendment in the Rules known as Punjab Social Security and Development of Women and Children (Class -I) Service Rules, 2000 (for brevity, 'the Rules'). The amendment also prescribed 80% quota for promotion for Superintendent Grade -II to which category the Petitioner belongs and 20 per cent quota for promotion to the post of Superintendent Grade -I from amongst the Personal Assistants. It has been prayed that the order dated 15th December, 2003 be quashed, - -vide which promotion has been granted to Respondent No. 3 from the cadre of Personal

(2.) BRIEF facts necessary for disposal of this petition are that the Petitioner was appointed to the post of Clerk on 8th October, 1974 in the Department of Social Security and Development of Women and Children. He was promoted as Assistant on 18th June, 1979. The post of Assistant was later redesignated as Senior Assistant. He was further promoted as Superintendent Grade -II on 6th April, 2000.

(3.) THE service conditions of the Petitioner as well as of Respondent No. 3 are regulated by the Rules. There was no provision for grant of promotion to the cadre of Personal Assistants to the post of Superintendent Grade -I. On 18th December, 2002, an amendment was made in the Rules providing quota of 20 percent for promotion to the post of Superintendent Grade -I from amongst the Personal Assistant working under the control of the Director who have an experience of working as such for a minimum period of five years. On the aforementioned basis, Respondent No. 3 has been promoted on 15th December, 2003, - -vide Annexure P.8 to the post of Superintendent Grade -I. Feeling aggrieved, the Petitioner who has been working on the post of Superintendent Grade -II has challenged the amendment in the Rules made on 18th December, 2002 and the order dated 15th December, 2003 giving promotion to Respondent No. 3.