SAWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners Swinder Singh, Kirpal Singh, Manmohan Singh and Balwant Singh have jointly filed this petition with a prayer for issue of a direction to the respondents to promote them as Agriculture Inspectors against the 18% promotion quota in terms of Government's circular dated 19.1.1983 (Annexure R-3/1). Averments made in the petition and the reply filed by the different respondents show that petitioner Sawinder Singh has passed class 8th and having joined service on 1.4.1958, he has by now rendered 36 years of service. Petitioner Kirpal Singh has also passed class 8th examination and having joined service in the year 1964, he has rendered over 30 years of service by now. Petitioner Manmohan Singh has passed Gyani examination in Punjabi. He joined service as Beldar. He was later on appointed as Agriculture Sub-Inspector in the year 1964 and by now he has rendered over 30 years of service. Petitioner Balwant Singh has passed matric examination. He has completed 29 years of service by now and he also passed six months training in horticulture.

(2.) Persons holding the posts of Sub-Inspectors were at one time eligible to be promoted as Agriculture Inspectors on the basis of their seniority and 20 years service. However, by annexure P-3, the Government of Punjab issued policy instructions for promotion of Agriculture Inspector from the cadre of Agriculture Sub-Inspectors. In these instructions, it came to be provided that 18% of the posts in the cadre of Agriculture Inspectors shall be filled from amongst the Agriculture Sub-Inspectors, who are matriculate and have rendered 20 years of service and have also passed Agriculture Sub-Inspector's training course of any recognised institution. The criteria of promotion is seniority-cum-merit.

(3.) Petitioners contention is that although they had completed 20 years of service as early as in 1978, 1984 and 1985 respectively and a number of persons junior to them have been given promotion as Agriculture Inspectors their candidature has not been considered. Petitioners have relied on order dated 24.4.1991 passed in C.W.P. No.9696 of 1987 Surjit Singh Vs. State of Punjab and others and also on order dated 11.12.1992 passed in C.W.P. No.2600 of 1987 Amar Singh and another Vs. State of Punjab and others. Respondents No. 1 and 2 have contested the claim made by the petitioners by stating that none of the petitioners fulfil the conditions of eligibility as specified in circular dated 19.1.1983. According to them three of the petitioners do not possess academic qualifications of matric pass and none of them has undergone Agriculture Sub-Inspector training course of a recognised institution. On the strength of these assertions respondents have pleaded that in terms of the circular dated 19.1.1983, the petitioners cannot claim right to be considered for promotion. Respondents have pleaded that posts of Agriculture Inspectors became available in the year 1987. Prior to that no person junior to the petitioners had been promoted and after 19.1.1983, the petitioners are not entitled to be considered because they are not having the minimum requisite qualifications specified in the circular annexure P-3. In regard to the two judgments of this Court dated 24.4.1991 and 11.12.1992, respondents have stated that those petitioners possessed the qualifications specified in the circular dated 19.1.1993 and, therefore, they had been treated eligible to be considered for promotion as Agriculture Inspectors. It has also been stated that only petitioner No. 4 can be taken at par with Amar Singh, one of the petitioners in CWP No.2600 of 1992.