HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will-dispose of four civil writ petitions Nos. 335 and 831 of 1985, 5365 of 1986 and 1046 of 1987 as the broad facts and the question of law involved in all these writ petitions are identical. For appreciating the controversy, detailed facts are being taken from C.W.P. No. 831 of 1985.

(2.) The petitioner joined service of the Punjab Food and Supplies Department as Sub-Inspector in November, 1972. On 21st Sept., 1977, when the petitioner had put in about five years of service, the Director, Food and Supplies, Punjab, issued a circular letter to all the Food and Supplies Controllers in Punjab, inviting options from the Sub-Inspectors serving under them, who were possessing the academic qualification of Intermediate or F.A. and had two years' experience as Sub-Inspector to their credit, for appointment to the post of Junior Analyst. n response to the above mentioned circular letter, the petitioner, along with a number of other eligible Sub-Inspectors, submitted his option for being appointed as Junior Analyst. Consequently, on 2nd Nov., 1978, the petitioner, along with a number of other persons, was transferred and deputed to work as Junior Analyst. Since then the petitioner has been working and discharging the duties of Junior Analyst. About three years later, on 9th June, 1981, the Director, Food and Supplies, again circulated a letter inviting options from Sub-Inspectors/Junior Analysts who were willing to accept promotion to the post of Inspector. According to the petitioner, he refused this offer as he was not interested in promotion to the post of Inspector. However, on 6th August, 1984, the Director, Food and Supplies, again sought options from the persons who were working as Sub-Inspectors/Junior Analysts as to whether they were willing to have their services as Junior Analyst regularised. The petitioner opted for the same. But instead of regularising the services of the petitioner and other persons similarly situated as Junior Analysts, the respondents issued promotion orders from the post of Sub-Inspector to that of Inspector on temporary basis on 30th Oct., 1984, and 17th Jan., 1985. In the case of the petitioner, the promotion order was issued on 22nd Jan., 1985, promoting him retrospectively as Inspector from the post of Sub-Inspector, with effect from Nov., 1981, though with a specific stipulation that he will not be entitled to the arrears of salary for all this period, ignoring his service as Junior Analyst and regardless of the fact that he was in fact working and discharging the duties of the Junior Analyst for the last about seven years.

(3.) Feeling aggrieved against this action of the respondents the State of Punjab through the Secretary to Government, Punjab, Department of Food and Supplies, and the Director, Food and Supplies in not regularising and confirming the petitioner as Junior Analyst and instead in promoting him to the post of Inspector without retaining his lien as Junior Analyst, the petitioner has filed the present writ petition in which he has prayed for the issuance of a writ of mandamus directing the respondents to consider him for regularisation and confirmation as Junior Analyst, as a number of other persons similarly situated and discharging the duties of Junior Analyst have since been appointed on regular basis.