K K GARG Vs. HOUSING COMMISSIONER

JUDGEMENT

(1.) Petitioner who was working as Junior Accountant with the Punjab Housing Development Board, Chandigarh (for short the Board) was promoted as a Senior Auditor [later designated as Section Officer (Works)] on provisional basis as per order dated 11.11.1982 passed by the Housing Commissioner. This promotion was subject to the condition that he will have to pass the departmental examination to be held by the Board and that on his failure to do so he would be liable to be reverted to the post of Junior Accountant. He filed this writ petition in the year 1989 with a grievance that even though he was willing to take the departmental test in order to be promoted on regular basis, no test was held by the Board. Since he had worked on the promoted post for more than six years he has sought a mandamus directing the respondent to promote him to this post on regular basis. At the motion stage, the petitioner expressed his apprehension that he may be reverted on account of his not having passed the test and, therefore, sought an interim order restraining the Board from reverting him. Learned counsel appearing for the Board stated that the latter had no intention to revert the petitioner during the pendency of the writ petition. In view of this statement the petitioner is continuing to work as Section Officer (Works). This statement was made presumably because no eligible persons were then available for promotion but that is not the position now.

(2.) In the written statement filed by the Housing Commissioner, it is admitted that no test was held by the Board till the filing of the writ petition. It is however stated that the Board as per its resolution dated 23.7.1984 decided to conduct the departmental test for promotion to the post of Senior Auditor but the State Government directed the Board not to hold such a test. It informed the Board that if any of its officials wanted to take the examination for being considered for promotion, he may be advised to appear in the State SAS examination which was being conducted by the Finance Department of the State Government. It is also pleaded that all Junior Accountants having three years service are eligible to appear in the departmental examination conducted by the Punjab Government and that the letters received from the State Government intimating about the date and venue of the examination are circulated to the employees of the Board and those interested have been taking the examination from time to time. It is stated that three Junior Accountants had already passed the State SAS examination and they had been promoted by the Board as Section Officers. Reference is also made to Regulation 2.13 of the Punjab Housing Development Board Service Regulations (hereinafter called the Regulations) which prescribes the passing of the SAS examination as a condition precedent for the promotion of any Junior Accountant to the post of Senior Auditor. In the additional affidavit filed on behalf of the Board, it is stated that after the promotion of the petitioner on 11.11.1982 the departmental examination has been conducted regularly by the State of Punjab twice a year and ever since the Board was taken over by the Punjab Urban Planning and Development Authority in 1993 the examination is being conducted by this Authority.

(3.) During the pendency of the writ petition the Board filed an application for the early hearing of the writ petition and when this application came up for hearing the main case was taken up for disposal on the request of the counsel for the parties.