ROOMI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has sought issuance of a writ of certiorari quashing Annexures P-5 to P-7 with a further direction to the respondents to promote him from the date when respondent No. 3 was promoted to Class III post of Photostat Machine Operator with all consequential benefits of arrears etc. along with interest or for issuance of such other order, writ or direction as the Court may deem fit or proper in the circumstances of the case.

(2.) The petitioner who was appointed as a Peon-cum-Chowkidar, Class IV Post, in the office of Punjab State Agricultural Marketing Board (for short 'the Board') has challenged the promotion order of respondent No. 3 as Photostat Machine Operator on the ground that he being senior to respondent No. 3 ought to have been appointed to the post in view of the relevant rules governing such an appointment. The case as set up by the petitioner is that vide order dated 5.10.1989 Sanction was accorded for conversion of the post of a Peon of the Board to Class III post of Photostat Machine Operator in the pay scale of Rs. 950-1800 subject to the condition that the incumbent of the post will be governed by Class IV Service Rules. The Board with a view to get a clarification as to how this post is to be filled up wrote to the government vide Annexure P-3. The government vide communication dated 14.6.1990 replied to the communication Annexure P-3 and clarified that the encumbent of the post of Photostat Machine Operator will be governed by Class IV Service Rules. Petitioner's case is that despite clarification given vide Annexure P-4 respondent No. 2 arbitrarily, whimsically and illegally has promoted respondent No3, to the post of Photostat Machine Operator though he is much junior to him. A copy of the order is Annexure P- 5. Since the petitioner is senior to respondent No.3, the order of promotion of respondent No.3, Annexure P-5 is unsustainable in law and thus liable to be set. aside.

(3.) Pursuance to the notice of motion issued by the Court, respondents have put in appearance and have filed written statement controverting various averments made in the petition. According to the respondents, the post of Photostat Machine Operator, no doubt, was to be filled up from amongst Class IV employees but the same was to be governed by Class IV Service Rules.Class IV Service Rules postulate minimum educational qualification as Middle standard with Panjabi as elective subject. Admittedly, the petitioner did not possess the prescribed qualification and for this reason the respondent-Board in its decision decided to consider the claim of such IV Class employees who had this minimum qualification i.e. educational qualification of middle standard with Panjabi as elective subject and so promoted respondent No. 3.