GURPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was promoted as Director, Education Department (Colleges) [also known as Director, Public Instruction (Colleges)], vide order dated 6.1.2014 from the post of Principal, has filed the present petition impugning the order dated 10.1.2014 (Annexure P-9), whereby he has been posted as Director, Punjab State University Text Book Board (for short, 'the Board').

(2.) Learned counsel for the petitioner submitted that the petitioner was appointed as Lecturer in Physics on 12.4.1980 and was promoted as Principal on 29.7.2010. He was to retire after attaining the age of superannuation on 30.11.2012. However, in terms of the policy of the Government, he was granted extension in service. Now he is due to retire on 30.11.2014. He has unblemished service record. The service of the petitioner as Principal or Director, Public Instruction (Colleges) is governed by the Punjab Educational Service (College Cadre) (Class-I) Rules, 1976 (for short, 'the 1976 Rules'). As per Appendix 'A', annexed with the aforesaid Rules, there is only one post of Director, Public Instruction (Colleges). Finding the petitioner suitable in terms of the 1976 Rules, the petitioner was promoted to the post of Director, Public Instruction (Colleges) vide order dated 6.1.2014. The petitioner joined his service as Director, Public Instruction (Colleges) on 10.1.2014. The joining report was duly submitted. Vide impugned order dated 10.1.2014, passed by the Principal Secretary, Higher Education Department, Punjab, the petitioner was posted as Director of the Board.

(3.) Learned counsel for the petitioner submitted that in terms of the 1976 Rules, Director, Public Instruction (Colleges), is the highest post in the cadre. There is only one post. As per Rule 17 of the 1976 Rules, every member of service is liable to transfer under the orders of the Government to any post whether included in any other service or not on the same terms and conditions as are specified in Rule 3.17 of the Punjab Civil Services Rules, Volume I, Part I. The submission is that transfer of the petitioner from the post of Director, Public Instruction (Colleges) to the post of Director of the Board is outside the cadre, hence, the same was impermissible without the consent of the petitioner. In support of his arguments, reliance was placed upon Jawaharlal Nehru University v. Dr. K. S. Jawalkar, 1989 AIR(SC) 1577 , Umapati Choudhary v. State of Bihar and another, 1999 4 SCC 659; Ajmer Lal and others v. The State of Punjab and others,1981 2 SLR 775 ; Aroor Chand v. State of Punjab, 1991 2 SCT 709 ; Bahadur Chand v. State of Haryana, 1995 3 SCT 469 ; Sh. K. C. Agnihotri, Treasury Officer (Treasury & Accounts Branch), Patiala v. State of Punjab and another, 1996 3 RSJ 850 and Parkash Singh Sekhon v. The State of Punjab and others, 1997 116 PunLR 204 .