MAHANT LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment we propose to dispose of C. W. P. Nos. 2621 of 1985, 4120 of 1987, 15340 and 16828 of 1992. The facts have been taken from C. W. P. No. 16828 of 1992.

(2.) THE petitioner was appointed as Tehsil Sanitary Inspector in May 1964 and confirmed as such with effect from November 2, 1966. He was promoted as Chief Sanitary Inspector in May 1976 and vide Notification dated July 9, 1977, Annexure P1 to the petition was conferred the additional powers of Food Inspector under the provisions of the Prevention of Food Adulteration Act, 1954 (hereinafter called the 'act' ). It has been averred by the petitioner that his services were governed by the Punjab Public Health Department Subordinate Posts (Recruitment and Conditions of Service) Rules, 1940 (hereinafter called the '1940 Rules') and Rule 5 provides for the method of appointment to the posts shown in Appendix A thereto. Reliance has also been placed on Section IV to Appendix A to the 1940 Rules to show that the post held by the petitioner i. e. Chief Sanitary Inspector was the highest post in the cadre of the petitioner and that no further promotion was envisaged from that post. The grievance of the petitioner is that the respondents have vide order dated December 5, 1992 Annexure P3 to the petition, sought to push the petitioner to the higher post of Senior laboratory Technician, which was not in his cadre and therefore outside the purview of the Rules and, as such, he could not be forced to accept that promotion. It is further the grievance of the petitioner that by promoting him to the post of Senior Laboratory Technician the powers of Food Inspector conferred on him vide Annexure P-l would in consequence be withdrawn. The action of the respondents in issuing Annexure P3 has been impugned in the present petition.

(3.) IT is the conceded case of the parties that the post of Senior Laboratory Technician does not find mention in the 1940 Rules. It is also clear from a reading of Rule 5 alongwith Section IV of Appendix A to the 1940 Rules that the cadre to which the petitioner belongs consists of only three different categories of posts viz. Chief Sanitary Inspector, Sanitary Inspector (normal staff) and Sanitary Inspector (Special Staff ). The question that now arises is as to whether a government employee can be compelled to accept a post outside his cadre, on this connection, Mr. Surya Kant has placed reliance on a Division Bench decision of this Court reported in Tilak Raj Bhalla, District Attorney, Amritsar v. State of Punjab and Ors. 1987 (2) S. L. R. 672 in support of his plea that a government employee cannot be so compelled. The Division Bench relying on a number of decisions of various High Courts-observed that a government employee could not against his wishes be transferred to a post outside the cadre of that service.