STATE OF PUNJAB Vs. AMARJIT SINGH AND OTHERS

JUDGEMENT

(1.) The present order disposes of a bunch of seven Letters Patent Appeals as also a writ petition bearing LPA Nos.1400, 1559, 1825, 1826, 1993, 2002 of 2013, LPA No.329 of 2014 and CWP No.887 of 2008 as the issue raised in all the matters is the same. For the sake of convenience, facts have been extracted from LPA No.1400 of 2013 (The State of Punjab v. Amarjit Singh and others).

(2.) The respondents are employees of the Punjab State Tubewell Corporation Limited (hereinafter referred to as "the Corporation"). They approached this Court primarily with a grievance that even when sufficient number of employees of the Corporation like the respondents are available and who are fit for promotion to the next higher post, they are denied the opportunity for such promotion as the promotional posts are being filled up on deputation from the Irrigation Department of the State of Punjab. This is being done as per directions issued from time to time by the State of Punjab to fill up the posts in the Corporation on deputation basis from officers of the Irrigation Department of the State of Punjab. The respondents questioned the power of the State to issue such directions to the Corporation as according to them the corporation is an autonomous body and capable of taking its own decisions under its Memorandum and Articles of Association. The respondents further say that though there is a power with the State of Punjab under Article 133 of the Articles of Association of the Corporation to issue directions to the Corporation but these directives are only in matters of broad policy. According to the respondents, the directions by the State of Punjab to fill up posts of the Corporation by way of deputation or not matters of broad policy and therefore, not sustainable in law.

(3.) The matter was gone into by a learned Single Judge of this Court and after consideration the entire gamut of facts as also the law on the subject, the learned Single Judge quashed the directions given by the State of Punjab to fill up posts in the Corporation on deputation basis. The learned Single Judge held as under: