GIAN SINGH Vs. COMMISSIONER, FEROZEPUR DIVISION, FEROZEPUR

JUDGEMENT

(1.) Petitioner was working as Sub Divisional Assistant in the office of Sub Divisional Officer (Civil) Moga since 12.4.1978. By an order dated 20-1-1981 the Commissioner, Ferozepur promoted his as officiating Naib Tehsildar (Agrarian) Faridkot against a vacant post of the pay scale of Rs. 700-1200. His promotion/appointment was purely temporary and it was stipulated in the order of promotion that he could be reverted at any time without notice. Later. by an order dated 17.4.1984 the Commissioner reverted the petitioner from the post of Naib Tehsildar as according to the former his promotion was contrary to the Government instructions dated 10 5.1978 and Para 37 of the Financial Commissioner's standing order No.12 (for short the rules). It is this order of reversion that has been challenged by the petitioner in this petition filed under Article 226 of the Constitution.

(2.) In the written statement filed by the Commissioner, Ferozepur Division the order of reversion is sought to be justified on the ground that he was not eligible for officiating appointment as Naib Tehsildar as he had not worked as District Revenue Accountant or Kanungo.

(3.) I have heard counsel for the parties. Rule 8 of the Punjab Tehsildar, Rules, 1932 provides that when an officiating vacancy occurs in the post of Naib Tehsildar it shall be filled by the commissioner subject to any instructions that may be issued in the standing orders of the Financial Commissioners from amongst any of the classes mentioned in Rule 6(l)(b). A perusal of Rule 6(1) (b) (i) would show that only those officials working in the revenue, irrigation, consolidation, special assessment, excise or Police establishments of the Division are entitled to be promoted as officiating Naib Tehsildars. It is common case of the parties that the petitioner had not worked in any of these establishments in the Division. He was thus not entitled to be promoted as officiating Naib Tehsildar. In this view of the matter, no fault can be found with the impunged order of the commissioner reverting the petitioner to the post of an Assistant.