K S S NAYYAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition for the issuance of a writ of certiorari to quash the panel of names sent by the Punjab Government to the Union Territory Administration for appointment as Chief Engineer-cum-Secretary, Union Territory, Chandigarh, to the extent it included the names of Satinder Singh and S.S. Virdi, Superintending Engineers, P.W.D., B. & R., Punjab and for quashing the order of appointment of S.S. Virdi, the third respondent in this petition as Chief Engineer-cum-Secretary of the Union Territory.

(2.) Since the reorganisation of the State of Punjab and the formation of Chandigarh as Union Territory, the post of Chief Engineer in the Union Territory, Chandigarh, had always been filled up by an officer taken from the Punjab cadre. One J.S. Kohli was holding the post on deputation and his period of deputation was to come to an end in January, 1987 and, therefore, the Chandigarh Administration in their letter dated 8th January, 1987 requested the Punjab Government to send a panel of at least 3 names of serving Chief Engineers of the Punjab Public Works Department in order to choose a successor for J.S. Kohli. They further added that the Administration would appreciate if the Government does not consider the names of officers who are to retire in the near future for inclusion in the panel. However, it added that, if necessary the names of officers who may not have been promoted as Chief Engineers but who are within the zone of consideration for such promotion may be included. It appears on the 11th of February, 1987, the Government of Punjab sent a panel of two names of whom one was B. K. Malhotra and the other J.S. Sodhi; both were in the cadre of Chief Engineers in Punjab. In their letter dated 25th/27th February, 1987, the Chandigarh Administration informed the Government of Punjab that since Malhotra will be retiring on the 30th June, 1988, the Chandigarh Administration has desired not to consider his name for the assignment in question on the ground that he will not be able to serve the Administration for a reasonable period of time in the event of the selection and that, therefore, they are requesting the Government to forward the names of two other officers in addition to J.S. Sodhi so that a selection could be made from out of a Panel of 3 officers. In this letter also they invited the attention of the Punjab Government to the earlier letter dated 8th January, 1987 wherein they had requested that, if necessary, the names of officers who may not have been promoted as Chief Engineers but who are within the zone of consideration for such appointment may be included.

(3.) In the cadre of Superintending Engineers in Punjab, the names shown in the order of seniority is as under :