GURMEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners who were appointed as Agricultural Sub Inspectors in the years 1968 and 1970, and who became employees of the Department of Horticulture in the year 1982, have sought a mandamus directing the respondents to consider their cases for promotion as Horticulture Inspectors (redesignated as Horticulture Development Officers) and to promote them as such. Prayer has also been made to quash the order (Annexure P-9) in so far as it prescribes qualification of B.Sc. (Agriculture/Horticulture) for promotion to the post of Horticulture Development Officer.

(2.) According to the petitioners, the posts of Agriculture Sub Inspectors, on which they were initially appointed were subsequently treated as Horticulture Sub Inspectors on the creation of the Department of Horticulture in the year 1979, are lower than that of the Horticulture Inspectors (Horticulture Development Officers) and as per the policy decision of the Government dated 19.1.1983, they have a right to be considered for promotion to the posts of Horticulture Development Officers. They have pleaded that prior to the issue of Annexure P-9 whereby qualification of graduation has been made necessary for recruitment to the post of Horticulture Development Officer, a person holding of the post of Horticulture Sub Inspector was eligible to be promoted as Horticulture Inspector (Horticulture Development Officer) and, therefore, the vacancies which were available prior to the issue of Annexure P-9 should be filled by promoting the petitioners.

(3.) The respondents have pleaded that the petitioners were initially appointed as Agriculture Sub Inspectors by promotion and they became employees of the Department of Horticulture in the year 1982. The respondents' case is that they do not have any right to be promoted without fulfilling the qualifications laid down in the order Annexure P-9 dated 18.9.1992. The respondents have pleaded that the Government's decision contained in order (Annexure P-2) dated 19.1.1983 is applicable only to the employees of the Agriculture Department and the petitioners who are employees of the Horticulture Department do not have any right to be promoted as Horticulture Development Officer.