SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who is working as a Divisional Accountant in the Punjab Water Supply & Sewerage Board, chandigarh (hereinafter referred to as 'the Board'), is aggrieved by the order promoting Respondent No.4, who is admittedly junior to him, as Superintendent Grade-II. The respondents contest this claim only on the ground that the petitioner having exercised his option for promotion to the post of Divisional Accountant is now debarred from making the claim as raised in this petition.

(2.) A few facts may be noticed. The petitioner, who belongs to the category of Scheduled Castes, joined service with the respondent-Board as an Assistant on March 11, 1977. This post was upgraded and redesignated as Senior Assistant on June 15,1990. Respondent No.4, who had initially joined as a Clerk in the year 1969 was promoted to the post of Assistant after the petitioner. In the seniority list issue by the Board on November 30,1987, the petitioner's name appears at Serial No. 14 while that of Respondent No.4 is at Serial No. 37. In April, 1988 the petitioner was given the current duty charge of the post of Divisional Accountant. Thereafter, in June 1991, certain posts of Superintendent Grade-II became available. Vide order dated June 5, 1991. the Managing Director of the respondent-Board ordered the promotions of four persons. The claim of the petitioner was not considered. However, these promotions were ordered subject to the decisions of certain C.W.P.s which were pending in this Court. The petitioner avers that he submitted certain representations. Copies of some of these representations have been produced as Annexures P.7/1, P.7/2 and P.7/3. One of the grievances made by the petitioner was that while making promotions to the post of Superintendent Grade-II, the roster point reserved for the members of Scheduled Castes had not been given to the members of that class. In this representation, the names of the persons promoted vide order dated June 5, 1992 were specifically mentioned. In fact, in the representation submitted by the petitioner on September 7, 1992, it was categorically pointed out that the claim of Respondent No.4, who was junior to him was being considered. He prayed that his claim be considered before that of his junior, viz., Respondent No.4. The fear expressed by the petitioner in his representation was proved right on September 29, 1992, when the Managing Director passed an order reverting Mr. Prem Chand Kaura from the post of Superintendent Grade-II. By this Order, Respondent No.4 was promoted against the resultant vacancy. The representations submitted by the petitioner having not been accepted by the respondents, he has approached this court through the present writ petition. The petitioner avers that the action of the respondents in not considering his claim for promotion to the post of Superintendent Grade-II is arbitrary, violative of Art. 16 of the Constitution and against law.

(3.) The respondents have filed two separate written statements. In the written statement filed on behalf of the respondent-Board, viz. Respondent Nos. 2 & 3, it has been pleaded that a cadre of Divisional Accountants had been created. The petitioner had opted for this cadre. According to the respondents, the petitioner was promoted to the post of Divisional Accountant in the pay scale of Rs. 1800-3200 vide order dated July 8, 1992. Having been so promoted, the respondents maintain that the petitioner was not eligible to be considered for promotion to the post of Superintendent Grade II on September 30, 1992, when Respondent No.4 was promoted. It has been further averred that the representations of the petitioner were considered and rejected. They also aver that the petitioner having been appointed on the higher post of Divisional Accountant, which is equivalent to that of Superintendent Grade- II, his lien on the post of Senior Assistant stood automatically suspended. As a result, he was not entitled to be considered. Accordingly, Respondent No.4, who was next in order of seniority amongst the members of Scheduled Castes was considered and promoted.