PUNJAB HOUSING DEVELOPMENT BOARD Vs. JOGINDER NATH MAHAJAN

JUDGEMENT

(1.) This appeal is directed against the judgment of Hon'ble Single Judge of this Court dated 31st March, 1994 vide which the writ petition of the petitioner was allowed and the respondents therein were directed to consider the claim of the petitioner for promotion to the post of Assistant Engineer, from the date on which his junior was promoted within three months from the date of receipt of the order.

(2.) The factual matrix is not in dispute. The petitioner joined PWD as draftsman in the year 1963. He was fully qualified. The petitioner joined the Punjab Housing Development Board in the year 1978. No objection with respect to his lacking requisite qualifications was raised for almost fourteen years, rather he was promoted to the higher posts from time to time. There is no rule providing educational qualification for appointment to the post in the Punjab Housing Development Board (in short 'the Board') which has been pointed out during the course of arguments or referred to in the judgment, though rules known as PWD B&R (Draftsman & Tracer) Service Rules, 1965 were referred to, wherein minimum qualification for appointment of Draftsman has been provided. The petitioner during his tenure of service in the Housing Board acquired the requisite qualifications envisaged by the 1965 rules referred to above. Petitioner's appointment or his continuity in service with the Board despite lack of minimum qualification at the time of initial appointment in Board and acquiring the same later during service is not in dispute. The appellant-Board never challenged the appointment of the petitioner or his continuity in service till date.

(3.) Only contention raised by learned counsel for the appellant is that the petitioner did not have experience of ten years from the date of his acquiring minimum requisite qualification for promotion to the post of Assistant Engineer in terms of rule 7(2) of the Punjab Service of Engineers, Class II, PWD (Building & Roads Branch) Rules, 1964 (hereinafter referred to as 1965 Rules) which runs as under :