MAKHAN SINGH Vs. PUNJAB AGRICULTURAL UNIVERSITY, LUDHIANA

JUDGEMENT

(1.) Makhan Singh worked as an employee of Punjab Agricultural University, Ludhiana (hereinafter described as the respondent), The Selection Committee held a meeting on January 9, 1974. After considering various records, appellant Makhan Singh was not promoted to the post of Assistant while certain persons junior to him were promoted. The appellant made representation which was rejected. Once again, the Selection Committee held a meeting in August, 1974 but the appellant was not considered fit to be promoted and the representation again failed.

(2.) The appellant filed civil suit seeking a declaration that he was eligible for being considered and promoted for the post of the Assistant with effect from January 17, 1974. The act of the respondent in ignoring the appellant was described as mala fide with the sole object to punish him for his taking part in the activities of the Union.

(3.) Needless to say that the suit was contested by the respondent. The assertion that the act of the respondent was mala fide was denied. It was pointed out that after the appellant was promoted to the post of Accountant, he did not prove himself worthy of holding the post of Accountant and had failed to pass the test which was obligatory for the Accountant to qualify. It was clarified that the test was not meant for further promotion.