Kamljit Singh v. State Of Punjab & Others

"7.

Qualifications:- No person shall be appointed to the service unless he ; XXXX XXXX XXXX XXXX (3) in case of appointment by promotion from source 141 under rule 6 (1) :- (i) a member of the Punjab P. W.D. (B&R) Sectional Officers Engineering Service or a Draftsman member of the B&R Branch, Draftsman and Tracers Service; (ii) Possesses any of the qualifications included in Appendix 'B' and has put in five years service in case he possesses A.M.I.E. qualification and two years service in case he is a degree holder."

9.

Thus, for the purpose of eligibility for consideration for promotion, the petitioner was required to have 5 years experience while another person who may have 2 years experience and is a degree holder, would fall within the zone of consideration for promotion. However, when the Screening Committee will consider the cases of eligible Engineers, a person holding A.I.M.E. degree and otherwise senior, would be placed over and above a Junior Engineer having a degree qualification who may also be recommended for promotion on completion of 2 years of service alone. 10.

The petitioner being senior to that of Ashok Kumar Dhir was recommended for promotion and placed at Sr. No.21 in the panel of recommended Officers while Ashok Kumar Dhir was placed at Sr. No,22. Since the petitioner was already exonerated from the departmental proceedings on 13.06.1995, when the respondents granted promotion to Ashok Kumar Dhir vide 26.05.1998 w.e.f. 07.11.1979, the petitioner too was

required to be considered and he, therefore, could not have been ignored or sidelined for granting retrospective promotion w.e.f. 07.11.1979. 11.

In view of the aforesaid observations, the claim of the petitioner is made out and the Writ Petition is accordingly allowed. Accordingly, the action of the respondents in not considering petitioner for grant of promotion inspite of being already recommended for promotion by the Screening Committee and also action of the respondents in promoting a junior person to the petitioner w.e.f. 07.11.1979 is held to be unjustified and illegal and accordingly it is directed that the petitioner too shall be considered to be promoted from the date his junior; Ashok Kumar Dhir was promoted i.e. with effect from 07.11.1979.

12.

In case there was no post available, the respondents will be required to create a supernumerary post for the other incumbent namely Ashok Kumar Dhir while the petitioner, being senior to Ashok Kumar Dhir, would be holding substantive post which was given to Ashok Kumar Dhir. 13.

The petitioner would also be entitled to all consequential benefits as granted to Ashok Kumar Dhir. The exercise shall be conducted and concluded within a period of 3 months from the date of submission of certified copy of this order to the respondent-Department.