SHAMBU NATH KAUL Vs. STATE OF J&K

JUDGEMENT

(1.) MR . S. N. Kaul has filed this writ petition for quashing the orders of the Government No. PW -69 -WIP of 1964 and No. PW -54 of 1963 dated 9 -3 -64 and 21 -10 -63 respectively, by which the petitioner has been reverted from the post of a Supervisor to that of a senior -grade over -seer.

(2.) THE petitioners case is that he was appointed as Sub Overseer in the Public Works Department on 9 -11 -1999. He was promoted as an overseer on 19 -1 -2005 on which post he was confirmed on 10 -1 -52. Subsequently the petitioner was promoted to a special category overseer in the grade of Rs. 120 -8 -200 EB -10 -280 (now Rs. 145 -15 -250 EB 20 -350) with effect from 6 -5 -60. A substantive post of a Supervisor in the grade of Rs. 150 -50 -300 (Now Rs 200 -20 -300 EB -25 -400) fell vacant in the Electric Department, and the Government by order dated 27 -11 -61 authorized the Chief Engineer Irrigation to promote the senior -most overseer due for pro motion to the post of Supervisor. The Chief Engineer Irrigation vide his letter dated 26 -12 -61 said that the petitioner was the senior -most overseer due for promotion to this job, but he was then working in the Mughal Road Organization. The Chief Engineer, however, requested the Government to ask the Special Engineer MRO to relieve the petitioner to enable him to be posted as Supervisor in his department. The Special Engineer i/c MRO did not spare the petitioner, but promoted him to the post of the Supervisor against the vacancy of an Asstt. Engineer which had fallen vacant in the Electrical Department on the promotion of one R. K. Kaul as Asstt. Engineer. This promotion was given to the petitioner with effect from 27 -11 -61 vide order No. 3895.902 dated 3 -2 -62. It is conceded that the Special Engineer MRO had the power to promote the petitioner to the job of a Supervisor. The MRO being temporary it was would up in November 1962 and the petitioner was posted a permanent Supervisor in the PWD by means of Government order No. PW -149 Dev/62 dated 10 -10 -62. The petitioner held this office till 14 -3 -64 when by means of Government Order No. PW -69 WIP dated 9 -3 -64 he was reverted as Special grade overseer. This order is the subject matter of this writ.

(3.) THE petitioners case is that he was promoted to the Supervisors job on 27 -11 -61. He continued to be a permanent supervisor till 9 -3 -64 when he was reverted by the impugned order. The impugned order describes him as not qualified and temporary, but both these allegations are incorrect. According to the petitioner he had passed the Overseers diploma in Civil Engineering from the Engineering College Ludhiana in 1942 and further had a diploma in Municipal Engineering from the British Institute of Engineering Bombay which were the requisite qualifications for the post of a Special grade overseer. These qualifications were sufficient, according to rules, to qualify him for the post of a Supervisor. In paragraph (13) of his petition the petitioner has mentioned the names of Tirath Singh and S. N. Raina in addition to others who held the same qualifications and were working as full -fledged Asstt. Engineers. The crux of the petitioners case is that he was properly promoted in a permanent vacancy to the post of Supervisor, possessed the necessary qualifications, and his reversion was a demotion within the meaning of S. 126 of the Constitution of Jammu and Kashmir. He had been given no notice to show cause against his demotion which was illegal and therefore the order of his reversion should be set aside. He impleaded a third respondent in this petition, the first being the State of Jammu and Kashmir, and the second the Chief Engineer Irrigation Kashmir. The third respondent Moti Lal Kaul had now been promoted as Supervisor while the petitioner was demoted. The petitioner challenges the appointment of the third respondent.