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J.CHELAMESWAR, A.M.SAPRE
Raminder Singh – Appellant
Versus
State of Punjab – Respondent
Key Points: - The promotion of the appellant from Silt Observer/Analyst to Research Assistant Grade B was cancelled on the ground that he did not fulfill the requisite qualification and that he was not promoted in accordance with Rules; High Court upheld cancellation, this appeal challenges that reasoning. (!) (!) - The Court held that the State was not justified in cancelling the appellant’s promotion order, noting that the appellant fulfilled the eligibility criteria under Rule 10(1)(b)(i) and (2) and that the Rules merging Grade C into Grade B were not amended accordingly, so the appellant should be considered under the existing Rules. (!) (!) (!) - Anything prescribed in the advertisement de hors the Rules is bad in law, and the advertisement cannot override the applicable Recruitment Rules for in-service candidates. (!) - The appellant is restored to the promotional post and may claim salary adjustments from the date of cancellation, after accounting for earlier pay as Silt Observer. (!)
JUDGMENT :
Abhay Manohar Sapre, J.
1. This appeal is filed against the final judgment and order dated 31.10.2008 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 1066 of 2006 whereby the High Court dismissed the writ petition filed by the appellant herein against the office order dated 13.01.2006 by which the promotion of the appellant was cancelled and he was reverted from the post of Research Assistant Grade B to Silt Observer.
2. Facts of the case need mention, in brief, infra to appreciate the controversy involved in the appeal.
3. The appellant was recruited as Silt Observer in the year 1986 in Irrigation and Power Research Institute, Amritsar, which is a Branch of Public Works Department, Government of Punjab. At the time of his appointment, his qualification was matriculation with Science subjects and B.A. with Economics and Political Science. While working as Silt Observer, the appellant was performing the duties of Research Assistant Grade B, as per the directives of his superiors.
4. The State of Punjab promulgated the Punjab Public Works Department (Irrigation Branch), Research Assistants’ State Service Class III Rules, 1956 (in short “t
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