ANIL SAGAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for quashing promotion of Jaibir Singh, respondent No. 4 on the post of Assistant Director from the post of Research Assistant in the office of Director-cum-Superintending Engineer, Research Laboratory, PWD B&R Branch, Hissar. The principal ground urged in support of the petition is that respondent No. 4 has been given promotion despite the fact he was not qualified in accordance with Rule 7 of the Haryana Public Works Department (Buildings and Roads Branch) Research Laboratory (Group B) Service Rules, 1996 (for brevity 'the Rules') and that power of relaxation postulated by Rule 17 of the Rules could not be exercised once the person like the petitioner who is fully qualified is available.

(2.) Brief facts of the case are that the petitioner has been working on the post of Research Assistance since 20.6.1987. His appointment initially was on work charge basis which was uninterrupted and without any break. His services were regularised w.e.f. 1.4.1993. According to the Rules, the post of Research Assistant is a feeder post for promotion to the post of Assistant Director (Lab.) which is governed by the Rules. Rule 7 of the Rules lays down the qualifications for promotion. The case of the petitioner is that in Appendix 'B' which is referred to by Rule 7 of the Rules the academic qualifications and experience for promotion to the past of Assistant Director (Lab.) is that a person must possess M.Sc./Bachelor of Engineering/Bachelor of Technology or an equivalent degree with five years experience as Research Assistant. It has further been asserted that 50% posts are required to be filled up by promotion whereas the other fifty percent are to be filled up by direct recruitment. According to Rule 17 of the Rules, the Government is clothed with the power to relax any of the provision of the Rules for the reasons to be recorded in writing, with respect to any class or category of persons.

(3.) One Jagdev Singh who was working on the post of Assistant Director retired and the post fell vacant to be filled up by promotion. It is claimed that petitioner alone was the eligible candidate from amongst the Research Assistants for promotion as Assistant Director as he had acquired the qualification of AMIE. Accordingly his name was recommended for promotion by the Director-cum- Superintending Engineer on 24.11.2005. The afore-mentioned recommendation disclose that as per the seniority list as it stood on 1.6.1999 there were 12 research Assistants . It was clarified that Research Assistants at Serial Nos. 2, 3, 4, 5, 6, 7, 9 and 10 did not fulfill the requisite qualification as per the Rules and letter dated 13.11.2005. Only two Research Assistants at serial Nos. 8 and 11 were under consideration for promotion to the post of Assistant Director and their particulars were sent. In the seniority list at serial No. 11, the name of the petitioner figured and the recommendations contained following details :