ARJAN DEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners in these three cases are aggrieved by the respective orders of their reversion from the post of Naib Tehsildar to that of Kanungo. Counsel for the parties have referred to the facts in civil writ petition No. 1938 of 1987. These may be briefly noticed.

(2.) The petitioner was recruited as a Patwari on April 16, 1955. On March 3, 1980, he was promoted as a Kunungo. He passed the departmental examination for promotion to the post of Naib Tehsildar on January 28, 1986. The petitioner alleges that his name was placed in Register 'D' as maintained under the provisions of the Punjab Naib Tehsildars (Class III) Service Rules, 1984 at Sr. No. 58. The petitioner concedes that respondent Nos. 3 and 4 were senior to him in the cadre of Kanungos. However, their names were entered in Register 'D' at Sr. Nos. 60 and 62 as they had passed the examination on July 16, 1996.

(3.) In August, 1986, Mr. Sarup Chand who was working as Naib Tehsildar had proceeded on earned leave from August 18, 1986 to October 24, 1986. The petitioner was promoted as he was "the seniormost candidate available on Register 'D'...." A copy of the order dated August 18, 1986 has been produced as Annexure P.1 with the writ petition. This appointment was further extended "as the leave of Sarup Chand was extended upto 24.11.1986." Another person, Mr. Gurdial Singh had proceeded on leave from November 25, 1986 to January 2, 1987. The petitioner was allowed to continue working as Naib Tehsildar "against the vacancy caused as such". Thereafter, Mr. Jagjit Singh had proceeded on leave and the petitioner's appointment was "extended upto 6.2.1987". In the meantime, respondent Nos. 3 and 4 were promoted as Naib Tehsildars against regular vacancies. The petitioner alleges that he "was not promoted against the regular vacancy as he had already been promoted and (was) working as Naib Tehsildar". On February 5, 1987, the petitioner was ordered to be reverted to the post of Kanungo. He was relieved of the charge on February 9, 1987. A copy of the order has been produced as Annexure P.2 with the writ petition. The petitioner mentions that this order had been passed "during the pendency of Civil Writ Petition No. 6718 of 1986 filed by one Kultar Singh, Field Kanungo, which has since been dismissed as having become infructuous in view of Annexure P/2."