LABH SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Unsuccessful petitioner who was ordered to be reverted vide order dated 19.7.1987 from the post of Sub Divisional Engineer to the post of Junior Engineer has preferred this appeal.

(2.) Petitioner joined the department on 9.12,1969. He was confirmed as Junior Engineer on 1.10.1975 whereas respondents 3 to 11 were confirmed as Junior Engineers with effect from 27,11.1978, Appellant-the petitioner is, thus, senior to private respondents. All of them, however, are Scheduled Castes. Appellant was given an ad hoc promotion as Sub Divisional Engineer on 13.3.1985. Since an order reverting him had been passed on 19.7.1987, appellant-the petitioner challenged the order as well as assailed the promotion of respondents 3 to 11 being juniors to him.

(3.) On notice of motion having been issued, written statement was filed by respondent No. 1, defending the order impugned as well as justifying the promotion of the private respondents vis-a-vis the claim set up by the petitioner. According to the case set up by the official respondents, ad hoc appointment given to the petitioner was by way of a stop gap arrangement. This promotion was given against the vacancy of direct recruitment quota, and so as soon as the Punjab Public Service Commission selected and recommended the candidates for the posts of Sub Divisional Engineer, petitioner was consequently reverted. Justifying the promotion of respondents 3 to 11, it was stated that case of promotion of the petitioner was considered alongwith his juniors from time to time and as he was not found suitable for promotion to the post of Sub Divisional Engineer on account of his un-satisfactory service record, his juniors were promoted. Other material averments made in the petition were controverted/replied.