JODH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, both the revision petitions bearing No. 2674 and 3009 of 1979 can conveniently be disposed of together.

(2.) The relevant facts are that the petitioners had filed a civil suit for declaration that they were entitled to be promoted above their juniors and the action of the State of Punjab for not considering them for promotion as Junior Engineers was illegal, null and void. They claimed that they were working as Work Mistri continuously for a period of more than 12 years each. According to the notification of the State of Punjab dated 30. 10. 1979 posts of Sectional Officers which had been redesignated as Junior Engineers were to be filled up by promotion from Road Inspectors and Work Mistries in the ratio of 50 : 50. The respondent State of Punjab passed an order in the year 1964 by which Work Mistries having 10 years experience were declared eligible for promotion as Sectional Officers. Another order was passed on 16. 3. 1983 by the State of Punjab that Road Inspectors with 12 years experience were eligible for the post of Sectional Officer. It was claimed that the Chief Engineer had issued an order dated 15. 1. 1985 vide which he promoted 12 Road Inspectors as Junior Engineers. In all, 40 Road Inspectors have been promoted whereas from the cadre of Work Mistries only eight have been promoted. The grievance was that the quota of Work Mistries for promotion to the rank of Junior Engineers has not been exhausted and the respondents are not considering the case of the petitioners for promotion as Junior Engineers. The said suit was contested. The respondent-State took up the plea that although the Government has decided to promote Road Inspectors and Work Mistries in the ratio of 50 : 50 but the petitioners did not fulfil the requisite qualifications for promotion to that post as such they were not considered for promotion. It was asserted that the departmental professional examination has to be passed before a person can claim promotion as Junior Engineer. Harcharan Singh was stated to have been promoted as Junior Engineer but subsequently reverted. His writ petition had been dismissed. It was admitted that eight Work Mistries have been promoted as Junior Engineers and that the posts shall be filled from the Work Mistries who fulfill the conditions of promotion.

(3.) The learned Trial Court had framed the issues and decreed the suit of the petitioners as prayed for. This State filed appeal and on 4. 4. 1989 the said appeal was dismissed by the learned District Judge, Patiala.