AJMER SINGHR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Though reliefs claimed in these two writ petitions are different, facts of the two cases are similar and decision of Civil Writ Petition No. 15254 of 1993 is very much dependent on the result or Civil Writ Petition No. 304 of 1992. Precisely for this reason, the Division Bench passed an order on 19.12.1994 in Civil Writ Petition No. 15254 of 1993 that the said petition be listed for hearing along with Civil Writ Petition No. 304 of 1992.

(2.) Now a reference to the facts of Civil Writ Petition No. 304 of 1992 is necessary in order to appreciate the issue raised in this Writ Petition. The petitioners Ajmer Singh and Kulbushan joined service as clerks in the Labour Department of the Government of Punjab in the year 1969. Respondent Nos. 3 and 4 also joined as Clerks in the same department. It is not in dispute between the parties that respondent Nos. 3 and 4 are senior to the petitioners in the cadre of Clerks. In the year 1981, Labour Commissioner, Punjab issued circular dated 12.11.1981 and invited options from all the Clerks, Senior Clerks, Computors, Senior Steno-typists, and Ahlmads in the State as to whether they were willing to be promoted to the post of Labour Inspector Grade II or in the clerical cadre of Readers, Assistants, Superintendent Grade III. It was declared that the options once exercised shall be final and will not liable to be changed subsequently. It was also made clear that if no option was given, the employee would be presumed to have opted for the clerical cadre. Both the petitioners as well as the respondent Nos. 3 and 4 gave their options for promotions as Labour Inspector Grade-II. However, the respondents Nos. 3 and 4 were promoted as Readers on ad hoc basis by an order dated 2.11.1982 passed by the Labour Commissioner, Punjab. After they had served as Readers for a period of about 8 years, order dated 25.2.1991 (Annexure P-5) was passed by the Labour Commissioner confirming the respondents Nos. 3 and 4 and some other persons as Readers/Assistants with effect from 17.2.1989. Prior to the issue of the order of confirmation, the Labour Commissioner had issued memo, dated 9.5.1990 (Annexure P-4) coveying the Government's policy decision that persons officiating against the post carrying higher pay scale will be deemed to have forfeited their right of promotion as Labour Inspector Grade II once such persons assumed charge of the higher post in the actual line of promotion. It was also made clear that only those who deliberately forego promotion in the ministerial cadre and persons junior to them are promoted can be considered for promotion to the post of Labour Inspector Grade I and Labour Inspector Grade-II.

(3.) After the issue of Annexure P-4 dated 9.5.1990, respondent Nos. 3 and 4 filed Civil Writ Petition No. 7588 of 1990 Sahib Singh and another v. State of Punjab and another. On 24.5.1990, the Court issued a notice and stayed the operation of memo. dated 9.5.1990. Petitioners in Civil Writ Petition No. 304 of 1992 were added as parties to the writ petition on an application moved by them under order 1 rule 10 C.P.C. Civil Writ Petition No. 7588 of 1990 was disposed of by the Court on 12.10.1990 with a direction that at the time of filling up the posts of Labour inspector, petitioners shall also be considered according to their seniority. On 10.5.1991, the Labour Commissioner, Punjab issued order Annexure P-6 and promoted respondent Nos. 3 and 4 as Labour Inspector Grade II on temporary basis against direct recruitment posts. Order dated 10.5.1991 was modified by another order dated 14.5.1991.