BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are working as Steno-typists/Junior Scale Stenographers in the Agricultural Department, Government of Punjab. They have challenged the vires of Notification dated 15.03.2015 whereby the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 (for short, 'the 1994 Rules') have been amended and Rules 14-A and 15-A have been added in the Rules with immediate effect. By virtue of Rule 14-A, it has been prescribed that the posts of Senior Assistants under the Punjab Government shall be filled in only by promotion from amongst the Clerks having working experience of at least five years and possessing such qualifications as are prescribed in Rule-14-A. Similarly, Rule 15-A has been inserted to provide that the posts of Senior Scale Stenographers shall be filled only by promotion from amongst Junior Scale Stenographers having working experience of at least one year and possessing the qualifications as prescribed in the said Rule.

(2.) The grievance of the petitioners in the instant writ petition is against Rule 14-A as prior thereto, under Rule 5 of the Punjab Civil Services (Promotion of Stenographers and Steno-typists) Rules, 1961 (for short, 'the 1961 Rules'), Junior Scale Stenographers and Steno-typists were eligible along with Clerks for promotion to the posts of Assistants also subject to their qualifying the Assistant Grade Examination.

(3.) The petitioners have two-fold grievances against the amended Rules. Firstly, they contend that the Junior Scale Stenographers and Steno-typists have been denied promotional avenue to the posts of Senior Assistants in total disregard and in violation of the Division Bench Judgment of this Court dated 11.12.2012 rendered in CWP No.20485 of 2006 (Piara Singh v. State of Punjab and another) and other connected writ-petitions. Secondly, there is only one post of Senior Scale Stenographer in the Department hence their promotional opportunities are minimal and/or have been and/or have been completely jeopardized.