CHHOTU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has prayed for issue of a writ of mandamus to the respondents to promote him as a Sub Divisional Officer with effect from the year 1980 when his alleged juniors were promoted. He has also prayed for grant of consequential benefits.

(2.) Briefly stated the case of the petitioner is that he joined as Sectional Officer (Junior Engineer) in the year 1972 with the Irrigation Department of the Government of Haryana. Petitioner's initial appointment was on ad hoc basis but on the recommendations of the Subordinate Service Selection Board, he was regularly appointed on 16.6.1973. During the course of service, the petitioner passed A.M.I.E. examination in the year 1979 and also passed M.Tech. examination from Kurukshetra University in the year 1988. He passed the departmental examination in the year 1980. The petitioner says that he was eligible to be promoted to the post of Sub Divisional Officer against the ten per cent quota reserved for the members of the Haryana Public Works Department (Irrigation Branch) Overseers Engineering Service because he had passed the AMIE in the year 1979 but the respondents did not consider his case for promotion in accordance with the provisions contained in the Haryana Service of Engineers Class II, Public Works Department (Irrigation Branch), Rules, 1970. By making reference to the order dated January 15, 1984 passed by the Government of Haryana, the petitioner has stated that S/Shri K.R. Chopra, S.K. Sodhi, J.P. Gupta and Hans Raj Allahawadi were promoted against the year 1980 and one post was kept reserved for him at Sr.No.4. He has also made a reference to the order passed by this Court on 3.10.1983 in CWP No.5630 of 1981 filed by J.P. Gupta who too had passed AMIE examination in the year 1979 and had become eligible for promotion against 10 per cent quota. That petition was decided by the High Court with a direction that the candidature of J.P. Gupta should be considered against the posts which became available after 1.1.1980. The petitioner says that although he had made several representations to the Government for his promotion to the post of Sub Divisional Officer but his request was not accepted. The petitioner has then made a reference to the various writ petitions filed in the High Court as well as in the Supreme Court and the Special Leave Petitions filed in the Apex Court and has pleaded that in the revised ranking list issued in the year 1992 also his name has altogether been excluded and persons junior to him have been allowed to occupy the post of the Sub Divisional Officer.

(3.) In the reply filed on behalf of respondent No.2, it has been stated that the petitioner passed AMIE examination on 3.3.1980 and not in the year 1979 and, therefore, he has no right to claim promotion along with J.P. Gupta and others. Even regarding J.P. Gupta, it has been stated that he passed AMIE examination in the year 1980 and was promoted against the promotion quota of the year 1981. According to respondent No.2, the petitioner was not eligible to be considered for promotion against the quota of the year 1980 and, therefore, he cannot make a grievance that his candidature has been ignored at the time of promotions in the year 1980.