KULRAJ RAI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner was appointed as a Legal Assistant vide order dated 13.8.1988 in the Punjab Pollution Control Board (hereinafter referred to as 'the Board'). He was promoted as Law Officer Grade-1 vide order dated 6.1.1992. Further promotion of the Law Officer is to the post of Legal Advisor in the hierarchy of service. The services of the petitioner are governed under the Punjab State Board for the Prevention and Control of Water Pollution Employees Service Regulations 1980 framed under the Water Prevention and Pollution Act, 1974 (hereinafter referred to 1980 Regulations). Regulation 8 deals with the method of recruitment to the post under the Board. Under the 1980 Regulations, the post of Legal Advisor was required to be filled up by promotion alone from the Law Officers Grade-1 possessed of the qualifications as prescribed under the Rules. However, these Rules came to be amended vide the Punjab Pollution Control Board Employees Service Regulations, 2002, which received the approval of the Government on 28.4.2003. Under the amended regulations, the qualifications and the method for filling the said post is as under :-

(2.) Though the petitioner claims that he is fully qualified under 1980 Regulations which are applicable to his case, yet the case of the respondents is that 1980 Regulations are substituted by Regulations of 2002 and under the amended Regulations, the petitioner is not qualified, as the petitioner has less than 15 years experience as a Law Officer.

(3.) It is the admitted case of the parties that the post of Legal Advisor which was earlier available, stands abolished. Reference is made to the order of the Government dated 2.9.2003 (Annexure P-16), whereby the Government had decided to abolish the post of Legal Advisor on the ground that it is not required after restructuring of the Board. This order was endorsed to the Chairman, Punjab Pollution Control Board, Patiala, and the Chairman was directed to get the post abolished from the Board as the same is not required by the Punjab Pollution Control Board. Consequent upon the approval of the Government, the Board adopted a resolution in its meeting dated 15.12.2003 vide agenda item No. 121 and the Board agreed with the decision of the Government to abolish the post of Legal Advisor. The Board also did not agree with the proposal to upgrade the post of Legal Assistant to that of Law Officer. The minutes of the meeting of the Board were confirmed in the next meeting held on 5.3.2004. It is further the admitted case of the parties that as at present no post of Legal Advisor is available in the Board. It is this order which is challenged in the writ petition along with decision of the Board. It may be useful to refer the prayers of the petitioner made in the writ petition which are as under :-