PARTAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition for issuance of a writ directing the respondents to assign seniority to the petitioner above the respondents No. 3 to 6 in the cadre of Sub Divisional Engineers.

(2.) The facts on which there is no dispute between the parties are that the petitioner joined service of the Government of Punjab on 3.6.1976 as Sectional Officer. His candidature was considered by the Secreening Committee for promotion to the post of Sub Divisional Engineer in accordance with the Punjab Engineering Service Class-II, P.W.D., Public Health Rules, 1969 but he could not be promoted because only 10 posts were available for the year 1979 and he was placed at No. 11. On the recommendations of the Committee, 9 persons senior to the petitioner were promoted as Sub Divisional Engineers and one post was kept vacant for Bikramjit Singh who was facing a departmental enquiry. Later on, Om Dutt Joshi, who was also senior to the petitioner in the lower cadre, was approved by the Screening Committee for promotion as Sub Divisional Engineer. The petitioner as well as the respondents No. 3 to 6 were promoted as Sub Divisional Engineers vide government order dated 23.4.1982 against the vacancies of 1981.

(3.) The petitioner has claimed seniority over respondents No. 3 to 6 on the ground that when he was adjudged suitable by the Screening Committee for promotion against the vacancies of 1979, the respondents No. 3 to 6 were not even eligible to be considered for promotion as Sub Divisional Engineers because they had not passed A.M.I.E.