Gian Singh Virdi etc v. The State of Punjab etc
Judgment
CORAM : HON’BLE MR.JUSTICE PERMOD KOHLI Present: None for the petitioners. Ms.Charu Tuli, Sr.DAG, Punjab. Permod Kohli, J. … Petitioners …Respondents Petitioners initially joined as Overseers/Sectional Officers. They successfully qualified the Departmental Professional and Departmental Revenue Examinations in accordance with the Punjab Service of Engineers, Class II (Irrigation Branch), Rules, 1941. Petitioners were aggrieved by the promotion of private respondents No.3 to 48 vide order dated 18.11.1986,
3.4.1987 and 29.7.1988 respectively (Annexures P-1, P-2 and P-3). Admittedly, the petitioners were promoted as officiating Sub Divisional Officers/Assistant Design Engineers as per details indicated in Annexure P-4, whereas, the private respondents have been promoted as Executive Engineer on substantive basis. The case of the petitioners is that even though they were allowed to officiate as Sub Divisional Officers/ Assistant Design Engineers, they are to be treated as regular promotee as they fulfill the qualifications for such promotion in accordance with rules prevalent at the relevant time. Further contention of the petitioners is that they are fully eligible for promotion as Executive Engineer while taking into account the entire service as Sub Divisional Officers/ Assistant Design Engineers. This petition has accordingly been filed seeking a direction for promotion of the petitioners to the post of Executive Engineer by counting their entire officiating service rendered as Sub Divisional Officers/ Assistant Design Engineers. Further grievance of the petitioners is that while promoting the private respondents, they were not considered. CWP No.1733 of 1989 [2] This petition is pending since the year 1989. None has chosen to appear on behalf of the petitioners. It is not known whether the petitioners are still in service or not. In view of the prayer made, this petition is disposed of with a direction to the official respondents to consider the claim of the petitioners for promotion to the post of Executive Engineer subject to their eligibility, qualification and seniority in accordance with law/rules inforced at the time the private respondents were promoted.
16.03.2011 ( Permod Kohli ) Judge
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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