BRIJ LAL NAGPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this bunch of writ petitions namely C.W.P. Nos. 18600 of 1991, 4728 of 1989, 13785 of 1990, 1857 of 1995, 7007 of 1990, 10154 of 1990 and 10940 of 1991 the common question relates to the scope of the Punjab Service of Engineers, Class I, P.W.D. (Irrigation Branch) Rules, 1964 (hereinafter described as 'the Rules'), Government Instructions vis-a-vis the ambit of promotion in the Service of Engineers called the Punjab Service of Engineers Class I, P.W.D. (Irrigation Branch) with respect to the General category candidates and Scheduled Castes and Backward Classes is in controversy. All the petitioners are presently working in the cadre posts of the Rules mentioned above.

(2.) To appreciate the facts in controversy, reference to the two petitions, one filed by the General category officers and the other by an officer of the Scheduled Caste would make the position clear. In Civil Writ petition No. 18600 of 1991, the petitioners were initially appointed by way of direct recruitment to the Punjab Service of Engineers, Class II (Irrigation Branch). They were allowed promotion to Class I service against the rank of Executive Engineer. The petitioners are all members of general category. At the time when they filed the petition, they had still further been promoted to the rank of Superintending Engineer. They claim that they were senior to respondent No. 2 (Kartar Chand). Respondent No. 2 was promoted to Class I service against the rank of Executive Engineer on 29.5.1974, that is to say after all the petitioners. Petitioners claim that respondent No. 2 has been allowed current duty charge against the post of Chief Engineer. The said order is challenged to be illegal alleging that respondent No. 2 cannot claim reservation for purpose of appointment to the post of Chief Engineer. There is no reservation contemplated under the Rules for members of the Scheduled Castes, Scheduled Tribes and Backward Classes. In any case it is contended that the instructions issued by the State of Punjab dated 4.5.1974 had envisaged only promotion within the service in case of the petitioners. The petitioners were senior to respondent No. 2, and therefore, had a claim to be considered and appointed to the post of Chief Engineer. A plea has also been raised that the Class I service constitutes a single cadre. There could not be promotion for members of the Scheduled Castes, Scheduled Tribes or Backward Classes within the same service.

(3.) Civil Writ Petition No. 4728 of 1989 has been filed by Shri S.K. Bains. He seeks a direction for quashing the order whereby respondent Nos. 2 to 4 had been promoted as Chief Engineers. The petitioner herein is a member of the Scheduled Caste and he challenges the promotion of the General category officers. The case of the petitioner herein is that he was recruited directly to P.W.D., Irrigation and Power in December, 1965. It was Class II Service. On 29.5.1974 he was promoted to the rank of Executive Engineer which was a Class I service under the Rules. Thereafter he was promoted as Superintending Engineer. He was promoted as Superintending Engineer before respondents 2 to 5 and thus became senior to them. He should have been promoted to the post of Chief Engineer.