TIRATH RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner and respondent No. 3 are members of Scheduled Castes. The petitioner was appointed as a Sub Divisional Officer on April 11, 1980. Respondent No. 3 was appointed after him. In the tentative seniority list issued on December 1, 1987 the petitioner was placed at Sr. No. 101 while respondent No. 3 was at Sr. No. 149. Another seniority list was issued on July 30. 1993. In this list, the petitioner was placed at Sr. 82. As against this respondent No. 3 was shown at Sr. No. 113. Yet, in the year 1994, when three posts of Executive Engineers became available, the respondent viz. The Punjab Water Supply and Sewerage Board was not considering the petitioner's claim for promotion only on the ground that he possessed a degree in Mechanical Engineering and not in Civil Engineering. The petitioner submitted representation on July 10, 1994. It was followed by anohter representation on August 5, 1994. Yet another representation was submitted on October 18, 1994. When nothing fruitful ensued, the petitioner approached this Court through the present writ petition. He prays that the appointment of respondent No. 3 to the post of Executive Engineer against the post reserved for members of Scheduled Castes be quashed and the respondents be directed to consider his claim in accordance with the rules.

(2.) A written statement has been filed on behalf of respondent No. 2 only. It has been inter alia pointed out that "the Board has made separate budgetary provisions for Civil and Mechanical divisions. The post against which respondent No. 3 was promoted had become available in the civil side and the petitioner who is possessing the qualifications of Mechanical Engineering was not eligible to be considered for the post of Executive Engineer (Civil). It has been further stated that the promotion of the "respondent in the present case was made keeping in view that Punjab Service of Engineers Class I Public Works Department (Public Health Branch) Rules, 1961." It has been inter alia provided by a note that "the candidates to be appointed for civil posts shall be recruited with qualifications in Civil Enginering whereas those recruited in the Electrical Engineering unit shall possess qualifications in Electrical Engineering. Candidates recruited for Mechanical charges will be required to possess degree in Mechanical Engineering." Relying on this provision, the respondent submits that the petitioner was not eligible to be considered for promotion to the post of Executive Engineer which had fallen vacant in the civil division.

(3.) Counsel for the parties have been heard.