TARSEM LAL GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against the order and judgment of the learned single Judge dated 12.01.2015 issuing a notice of motion for 10.2.2015 but neither granting nor considering the application for interim reliefs staying the order impugned in the petition by which the appellant was reverted from the post of Superintending Engineer to the post of Executive Engineer (Civil).

(2.) AS the matter is still pending before the learned Judge, we do not intend either dealing with the matter in detail or expressing our views conclusively on the merits of the case both on facts and on law. We are content to rest our judgment on the ground that a serious issue has been raised by the appellant. In view thereof and in view of the fact that the appellant has been on the post, from which he has now been reverted, from 05.07.2010, the status -quo ought to be maintained till the matter is heard by the learned single Judge.

(3.) ON 6.9.1982, the appellant joined respondent No.2 Punjab State Agricultural Marketing Board (PSAMB) as a Draftsman. On 04.10.1989, he acquired the qualification of Associate Member of Institution of Engineers (India) (hereafter referred to as "AMIE"). He was promoted as an Assistant Engineer (Civil) [now known as Sub -Divisional Officer (Civil)] on 07.12.1989 from the quota of Junior Engineer/Draftsman AMIE upon acquiring five years working experience as a Draftsman. On 12.8.1999, he was promoted as an Executive Engineer (Civil) with effect from 11.12.1998. On 05.07.2010, he was promoted to the present post of Superintending Engineer. It is the appellant's eligibility for being considered for promotion to the post of Superintending Engineer that is in question. The Punjab State Agricultural Marketing Board (Class -I) Service Rules, 1988 are applicable. Rules 2 and 20 and AppendixB under Rule -8 are relevant and read as under: -