ROMESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this writ petition under Article 226 of the Constitution of India is to the order dated 10.5.1988, Annexure P-10, passed by the Secretary to Government Punjab, Department of Rural Development and Panchayat whereby the petitioner has been ordered to be reverted to the post of Mukhya Sewika with immediate effect.

(2.) Facts necessary to understand the controversy raised herein are that the petitioner was appointed as Lady Social Education Organiser on 1.8.1957 in the respondent-department. The post of Lady Social Education Organiser was later re-designated as Mukhya Sewika. Thus a seniority list of all Mukhya Sewikas was notified wherein the petitioner was shown at serial No. 6. In all there were 138 posts of Mukhya Sewikas besides 12 posts of Lady Circle Supervisors. Some vacancies of Lady Circle Supervisors became available. The petitioner was posted as Lady Circle Supervisor (Current Duty Charge) in the pay scale of Mukhya Sewika, by order dated 30.3.1984, Annexure P-2. Respondent-l by order dated Annexure P-3 promoted the petitioner and one other, as Lady Circle Supervisors. The petitioner was promoted with effect from 19.4.1984 i.e. the date on which she took over the Current Duty Charge of Lady Circle Supervisor. It was provided in her promotion order that in the first instance, the promotion to the post of Lady Circle Supervisor was for a period of six months and if they were allowed to continue beyond the period of six months, their promotion will be subject to the approval of the Punjab Public Service Commission and that their promotion was against the quota meant for the direct recruits and they will have to make room for the direct recruits as and when recommended by the Commission. Respondent-l thereafter by its order dated 18.2.1988, in modification of the earlier promotion order dated 1.10.1984 (Annexure P-3) promoted the petitioner as Lady Circle Supervisor against the post meant for promotion quota. Since the petitioner failed to pass the Departmental Examination as required under Rule 10 of the Punjab Development and Panchayat (Class-II) Service Rules, 1974 within one year from the date of her promotion i.e. upto 18.4.1985 or within the extended period of two years i.e. upto 18.4.1987, she was reverted to the post of Mukhya Sewika, by order Annexure P-10 and it is this order that has been challenged herein.

(3.) Broad facts as set out in the writ petition have not been disputed in the written statement filed by the respondents. Case set up by the respondents is that services of the petitioner are governed by the Punjab Development and Panchayat (Class-II) Service Rules, 1974 and in terms of Rule 10 of the Rules ibid, the petitioner was liable to pass the Departmental Examination within three years from her promotion, and that she having failed to do so, has been rightly reverted to the post below, vide Annexure P-10.