SHER SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The writ petitioner/appellant while working as Senior Technical Officer Class-II in the Directorate of Industries, Punjab, was promoted as Senior Technical Officer, Class-I vide order dated 14.5.1991 on purely provisional basis for a period of six months or till the approval of the Punjab Public Service Commission whichever is earlier (Copy Annexure P-1). This provisional period was extended from time to time and finally from 12.1.1993 to 11.7.1993. Vide order dated 30.10.1993 (Annexure P-5), the petitioner was suspended and vide order dated 31.12.1993 (Annexure P-6), was not given further extension beyond 11.7.1993. The petitioner alleges that the orders Annexures P-5 & P-6, were uncalled for and needed to be set aside as they had been made as a measure of punishment.

(2.) In reply to the writ petition, the respondent-State took the stand that petitioner had been promoted only on provisional basis subject to the approval of the Punjab Public Service Commission and as the said approval had not been received, the orders Annexures P-5 & P-6 had been issued.

(3.) The learned Single Judge held that as petitioner had been promoted only on ad hoc basis, his plea that his provisional promotion had not been extended beyond 11.7.1993 as a measure of punishment, could not be accepted. The writ petition, was, therefore, dismissed leading to this appeal.