SMT. PUSHPA SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was working as Demonstrator in Pharmacy in the Government Medical College, Patiala, was recommended for the post of "Senior Lecturer-cum-Manufacturing Chemist" and she was promoted as such vide order dated November 30. 1989 (Annexure 'P-6') for a period of six months, on purely temporary basis, or till that post was filled up on regular basis, whichever was earlier. Thereafter, extension was given to the petitioner vide order dated September 1, 1991 (Annexure 'P-7') for a further period from December 17, 1990 to June 17, 1991, or till that post was filled up on regular basis, whichever was earlier. Another extension was given to her vide order dated Feburary 23, 1993 (Annexure 'P-8') in the same terms from June 18, 1992 to December 17, 1992. It is the further case of the petitioner that the respondents kept on taking work from her on the said post even beyond December 17, 1992 onwards continuously. The Medical Superintendent, Sri Guru Tegh Bahadur Hospital, Amritsar (respondent No. 4) had been continuously requesting the Director, Research and Medical Education, Punjab, Chandigarh (respondent No. 2) for the grant of further extension of the period of her ad hoc promotion, who, in turn, had been requesting the State Government to grant the necessary approval to the extensions beyond December 17, 1992. Since no approval for further extension in the period of promotion of the petitioner beyond December 17, 1992, was forthcoming from the Government, her salary on the post of Senior Lecturer-cum-Manufacturing Chemist was stopped by respondent No. 4 with effect from December 18, 1992 onwards and she was not paid for discharging the duties and functions at the higher post although she went on representing for the release of her salary. She also had been representing for regularising her promotion, but that too had no effect. Instead of getting her promotion regularised through the Punjab Public Service Commission, she was ordered to be deemed to have been reverted to her previous substantive post i.e. Demonstrator in Pharmacy due to the non-grant of extension beyond December 17, 1992, vide order dated April 17, 1996 (Annexure 'P-24'). Accordingly, she has filed the present petition for the issuance of a writ of certiorari quashing the order dated April 17, 1996 (Annexure 'P-24') and for issuance of a writ of mandamus declaring her as having been promoted to the post of Senior Lecturer-cum-Manufacturing Chemist vide Annexure 'P-6' on regular basis subject to approval of the Punjab Public Service Commission to be sought by the Government and she be deemed to have held that post on such promotion for the period beyond December 17, 1992 onwards and that she may also be given the pay scale of the post of Senior Lecturer-cum- Manufacturing Chemist beyond December 17, 1992 to-date.

(2.) The stand of the State in the reply is that applications were invited for filling up the posts of Senior Lecturer-cum-Manufacturing Chemists by selection from amongst the Demonstrators in Pharmacy and not for making promotions to the said post and that the claim of the petitioner is not covered under the Punjab Medical Education State Service (Class II) Rules, 1979 (hereinafter referred to as 'the Rules'). It is the further case of the respondents that the petitioner was promoted purely on temporary basis and was reverted to her previous post with effect from December 18, 1992. It has further been pleaded that the post of Senior Lecturer-cum-Manufacturing Chemist is not included in the Rules. However, the inclusion of this post in the Rules is under consideration and till it is done, the Rules are not applicable for filling up this post, as claimed by the petitioner. On this account, her temporary promotion to the post of Senior Lecturer-cum- Manufacturing Chemist could not be regularised and she was reverted and, as such, she is not entitled to get her pay fixed as Senior Lecturer-cum- Manufacturing Chemist.

(3.) We have heard Mr. Amrit Paul, Advocate, learned counsel for the petitioner and Mr. P.D.S. Chhina, learned Deputy Advocate General, Punjab.