TARLOK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution of India, petitioner is seeking a writ in the nature of certiorari, for quashing order dated 29.8.1991 received from the Chief Engineer, Punjab Public Health (G.W.) Patiala, whereby period of probation has been extended by six months. Prayer has also been made for issuance of a direction to the respondents that the date of appointment of the petitioner as Sub Divisional Engineer be kept intact with effect from 26.3.1980 as fixed by the Punjab Government letter dated 11.11.1983 and confirmed on 12.11.1990.

(2.) Petitioner joined the Punjab P.W.D. Public Health Department as Assistant Draftsman on 13.10.1959. Subsequently, he was promoted as Head Draftsman and Circle Head Draftsman in May, 1965 and Feb., 1972 respectively. Petitioner was further promotioned on 28.3.1977 as Sub Divisional Engineer on ad hoc basis and worked as such uptill 3.5.1982 when due to shortage of vacancy he was reverted. Petitioner was again promoted vide order dated 23.9.1982 on ad hoc basis and was posted as Sub Divisional Engineer. It was decided by the Government that the petitioner was entitled to promotion as Sub Divisional Engineer w.e.f. 26.3.1980 on the basis of having been identified as Backward Class official as far back as year 1964 and had also been screened and approved by the Punjab Public Service Commission in 1979. Accordingly, petitioner was appointed as Sub Divisional Engineer in P.W.D. Public Health w.e.f. 26.3.1980 and was kept on probation for a period of two years. A letter in this regard was issued on 11.11.1983. Petitioner was allowed to cross the efficiency bar in the scale of Rs. 940-1850.00 at the stage of Rs. 1200.00 thereby raising his pay to Rs. 1250.00 w.e.f. 1.3.1987, vide office order dated 21.4.1982. Petitioner again was allowed to cross the next efficiency bar, thereby raising his pay to Rs. 1460.00 w.e.f. 1.3.1985 vide order dated 19.6.1986. It may be noticed here that while petitioner was on probation as Sub Divisional Engineer, the Chief Engineer, Public Health (RWS) Patiala conveyed adverse remarks qua the petitioner for the period from 1.8.1981 to 12.2.1982. The petitioner submitted representation dated 23.9.1982 to respondent No. 1 for expunging the said remark. Since this representation was not decided, another representation dated 15.11.1985 was made by the petitioner. Vide letter dated 21.11.1985, petitioner again represented along with copies of his earlier representations, which was duly forwarded by the Superintending Engineer, Public Health, Hoshiarpur. In his representation, petitioner brought out that Executive Engineer never found him lacking in discharge of duties, nor did point out any lapse on his part at the time of inspection. The remarks now made have been added by the Superintending Engineer due to bias and vindictive attitude towards the petitioner. Petitioner also pointed out that Junior Engineer had been found guilty of charges and punishment has been awarded to him. Punjab Government vide letter dated 8.7.1985 considered the matter and found the petitioner not responsible for the misappropriation of cement. However, a simple warning was issued to remain careful. Petitioner submitted a representation to the State for declaring the successful completion of probationary period. This representation was submitted on 23.10.1986. When the petitioner received no reply to this representation he sent another reminder on 16.12.1986. The Punjab Government vide notification dated 12.11.1990 notified that President of India was pleased to appoint Officers of Punjab Service of Engineers Class-I P.W.D. (Public Health Branch) in order of their seniority shown against each. Petitioner has been appointed as P.S.E. Class-II and shown on the list against Sr. No. 168 w.e.f. 26.3.1980. While placing the petitioner in seniority of P.S.E. Class-II P.W.D. (Public Health Branch), his date of appointment has been declared as 26.3.1980. In this writ petition, petitioner is aggrieved of order dated 29.8.1991 conveyed to him by respondent No. 2 vide letter dated 12.9.1991 whereby the petitioner, in view of adverse entry recorded in the Annual Confidential Report for the period from 1.8.1981 to 12.2.1982, has not been found fit for clearing probation period and his probation period has been extended for six months and further in this very order, it has been declared that the probation period has been cleared with effect from 1.10.1982, meaning thereby that by extending the probation period for six months, the petitioner has been made junior by six months. The impugned order is being sought to be quashed on the ground that the Government is not justified in extending the period of probation after a lapse of more than nine years from the date of expiry of probation period provided under the service rules.

(3.) Written statement on behalf of respondents 1 and 2 has been filed by Swaran Singh, Deputy Secretary to Government, Punjab, Department of Public Works. Respondents have admitted that vide Punjab Government notification dated 12.11.1990, the petitioner has been shown in seniority list of P.S.E. Class-II, P.W.D. (Public Health Branch) w.e.f. 26.3.1980. However, they have stated that the case of clearance of the probation period of the petitioner was considered on merits and in view of adverse entry recorded in the Annual Confidential Report for the period from 1.8.1981 to 12.2.1982, his probation period was extended from 1.10.1982 to 30.9.1983, and he has been declared to have cleared the probation period w.e.f. 1.10.1983 vide order dated 24/29.8.1991. With regard to decision of representation of the petitioner, the respondents have averred that representation was rejected on 21.2.1992, i.e. after filing of the writ petition.