RAM KUMAR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Are the petitioners entitled to be considered for promotion prior to those who are senior to them merely because they had acquired the requisite qualification earlier than the persons senior to them This is the basic issue that arises for consideration in this bunch of 21 petitions. Learned counsel for the parties have primarily referred to the facts in Civil Writ Petition No. 11524 of 1993. These may be briefly noticed.

(2.) The petitioner joined as a Junior Engineer (Mechanical) in the Haryana Public Works Department, Irrigation Branch, on September 27, 1973. He passed the AMIE examination in the year 1982. He, thus, became eligible to be considered for promotion to the post of Sub Divisional Engineer on January 1, 1983. He is a Member of the Haryana Public Works Department (Irrigation Branch) Overseers Engineering Service. As against this, Respondent Nos. 3 and 4 had joined service as Junior Engineers on October 17, 1968 and October 3, 1961 respectively. They were, thus, senior to the petitioner. However, they had qualified the AMIE examination in the year 1983. As such, they had become eligible to be considered for promotion to the post of Sub Divisional Engineer on January 1, 1994.

(3.) In the year 1992, certain posts of Sub Divisional Officers became available. Vide order dated November 30, 1992, the State Government ordered the promotion of nine officers including respondent Nos. 3 and 4. Aggrieved by this order or promotion, the petitioner has filed the present writ petition. According to the petitioner, a junior person who acquires eligibility earlier, is entitled to be promoted in preference to his senior as and when the promotional post becomes available. Accordingly, the petitioner maintains that since he had qualified the AMIE examination earlier than Respondent Nos. 3 and 4, he had a right to be considered for promotino in preference to them. Reliance in support of the submission has been placed on certain decisions. On these premises, the petitioner prays that the order dated November 30, 1992 a copy of which has been produced as Annexure P.2 with the writ petition be quashed in so far as it relates to respondent Nos. 3 and 4. He also prays for the issue of a writ of mandamus directing the respondents to consider the claim for promotion to the post of Sub Divisional Engineer.