BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who is working as a Fitter in the Punjab Roadways, Moga, prays for the issue of a writ in the nature of mandamus directing thre respondents to consider his claim for promotion to the post of Mechanic. A few facts may be noticed.

(2.) The petitioner was recruited as a Helper in the year 1971. On April 3, 1979, the petitioner was promoted to the post of Fitter. More than 12 years later, a post of Mechanic fell vacant on account of the death of Mr. Ajit Singh. On October 21, 1991, the petitioner submitted a representation for the consideration of his claim. Since the departmental authorities took no action on his representation, the petitioner approached this Court through the present writ petition. Notice of motion was directed to be issued to the respondents. Reply to the writ petition was filed. However, in pursuance to an interim direction given by the Court, the respondents decided the representation filed by the petitioner. Vide order dated December 17, 1992, a copy of which has been produced as Annexure P-4/A with the writ petition, the representation was rejected. Consequently, the petitioner amended the writ petition so as to challenge even the order rejecting his representation. The amendment was allowed. However, no reply to the amended writ petition has been filed.

(3.) The precise claim of the petitioner is that in accordance with the rules governing the service he is eligible to be considered for promotion to the post of Mechanic. It is alleged that the vacancy having occurred in October 1991, the petitioner's claim has to be considered in accordance with the rules which were prevailing on that date. Accordingly, it is prayed that the order rejecting his representation be quashed and the respondents be directed to consider his claim.