NARINDERJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition shall dispose of Civil Writ Petition Nos. 2507 and 3377 of 1983.

(2.) The petitioners are all graduates in Engineering in different fields. They were directly appointed as Senior Technical Officers Class II under Rule 9 of the Punjab Industries Service (State Service Class-II) Rules, 1966 (hereinafter called the 'Rules') on various dates in the years 1977-1978. Respondent No. 3 Shri Daulat Singh who was a diploma holder in Mechanical Engineering had been promoted from Junior Technical Officer to the post of Senior Technical Officer Class-II on 20th January, 1975. He was, thereafter, promoted as Senior Technical Officer Class I vide Annexure P.2 dated 26th April, 1983 on the basis of a tentative seniority list of Class-II officers in the Department circulated on Ist of October, 1982 in which respondent No. 3 had been shown senior to the petitioners. The petitioners submitted a representation for quashing the seniority list qua respondent No. 3 on the ground that he was not qualified to hold the post of Senior Technical Officer Class II and that the said post could have been filled up only by way of direct recruitment and not by promotion. This representation was rejected by the respondents which has had led to the filing of the present petition.

(3.) Mr. P.S. Patwalia, the learned counsel for the petitioners, has pointed out that the method of recruitment to the post of Senior Technical Officer Class-I was governed by rule 9 of the Rules and Rule 9(g) provided that appointment was to be made by direct recruitment only. He has further argued that Rule 4 of Appendix B to the Rules also stipulated the basis qualification necessary for the appointment in question as being a Degree, preferably in Metallurgy or Electrical/Mechanical Engineering from a recognised University (though a candidate with a Degree in Metallurgy would be given preference) with at lest three years practical experience in a responsible position involving metallurgical control for Heat Treatment etc. Referring to the Rules, Mr. Patwalia has thus pointed out that the promotion of respondent No. 3 from the post of Senior Technical Officer Class II to Senior Technical Officer Class-I was, therefore, not permissible and as he was only a diploma holder in Mechanical Engineering, he did not have the basic qualification as well.