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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudhir Mittal, J.
Kiran Parkash - Appellant
Versus
State Of Punjab & Ors. - Respondent
Civil Writ Petition No. 23718 of 2016, 878 of 2018
Decided On : 29-01-2021
Promotion - Junior Engineer (Civil) - Punjab, Department of Water Supply and Sanitation Junior Engineers (Group 'C') Service Rules, 2006 - Rule 5, Appendix 'B', Rule 9 - The court discussed the eligibility conditions for promotion to the post of Junior Engineer (Civil) as per the Rules, emphasizing the method of appointment, qualifications, and experience required. The court highlighted the requirement of 10 years of experience and the qualifying examination for promotion, and the interplay of seniority-cum-merit basis for promotion.
Fact of the Case:
Kiran Parkash and Jagtar Singh, both employed in the Punjab Water Supply and Sanitation Department, were involved in a dispute regarding promotion to the post of Junior Engineer (Civil). Kiran Parkash claimed seniority and challenged the promotion of Jagtar Singh, who was later reverted to the post of Surveyor. The court analyzed the seniority, promotion, and delay in filing the writ petition.
Finding of the Court:
The court found that the promotion of Jagtar Singh was no longer available for challenge as he had been reverted to the post of Surveyor. The court also dismissed the plea for consideration for promotion based on the 'old vacancy old rule' and held that the writ petition was hit by delay and laches.
Issues: The issues involved seniority, promotion, and delay in challenging the promotion order.
Ratio Decidendi: The court held that the principle of 'old vacancy old rule' did not apply, and the writ petition was dismissed due to delay and laches.
Final Decision: The court dismissed the writ petition and the application for placing on record documents.
JUDGMENT
Sudhir Mittal, J. - This judgment will decide CWP No.23718 of 2016 as well as CWP No.878 of 2018 as both are between the same parties and related issues are involved therein.
Brief facts:
2. Kiran Parkash s/o Ruldu Ram as well as Jagtar Singh s/o Dalip Singh are employed in the Punjab Water Supply and Sanitation Department. Kiran Parkash was appointed as Work Munshi on 01.12.1985 on daily wages. His services were regularized vide order dated 19.03.2001 w.e.f 23.01.2021. On the other hand, Jagtar Singh was appointed on 09.12.1985 as a Peon but on regular basis. He was promoted to the post of Surveyor on 07.09.2000. For promotion to the post of Junior Engineer (Civil) both of them took the departmental qualifying examination held on 29/30.06.2006. Both qualified the same as is evident from result circulated vide memo. dated 21.07.2006.
3. Promotion to the post of Junior Engineer (Civil) is governed by the Punjab, Department of Water Supply and Sanitation Junior Engineers (Group 'C') Service Rules, 2006 (herein after referred to as the Rules). Rule 5 along with Appendix 'B' governs the method of appointment and also prescribes the eligibility conditions. The same is reproduced below:-
"5. Method of appointment, qualifications and experience:-
(1) Appointment to the Service shall be made in the manner as specified in Appendix 'B' :
Provided that if, no suitable candidate is available for appointment by promotion and by direct appointment, then appointment to the Service shall be made by transfer of a person holding a similar or an identical post under a State Government or Government of India.
(2) No person shall be appointed to a post in the Service unless he possesses the qualifications and experience as specified against that post in Appendix 'B'.
(3) Appointment to the Service by promotion shall be made on seniority-cum-merit basis, but no person shall have any right to claim promotion on the basis of seniority alone.
| APPENDIX 'B' (See rules 5) | ||||||
| Percentage for appointment by | Method of appointment, qualifications and experience by | |||||
| Sr. | Designation | Promotion | Direct | Promotion | Direct | |
| 1. | Junior Engineer (Civil) | Twenty five percent | Seventy five percent | Twenty five per cent by promotion in the following manner, namely :- (i) Six per cent from amongst the work Mushies, Work Mistries, Surveyors, Pipe Fitters, Plumbers, Store Munshis, Work Inspectors, Mortar Mates, working under the control of the Chief Engineer, who are Matriculates or possess equivalent qualification, and have an experience of working on any one or more of these posts for a minimum period of ten years, and who qualify the departmental examination as specified in rule 9; (ii) xxxxxx (iii) xxxxx | Should possess Diploma in Civil Engineering or its equivalent from a recognized university or institution or any other equivalent qualifications recognized by the Government. | |
Rule 9 pertaining to the qualifying examination is also reproduced:-
"9. Qualifying examination for appointment by promotion:-
(1) The Chief Engineer shall conduct a qualifying examination every year for preparing a list of candidates to be considered for promotion to the posts in the Service.
(2) The Chief Engineer shall with the approval of Government, specify the syllabus for the qualifying examination and he shall appoint a committee of examiners for conducting the qualifying examination.
(3) A candidate shall be allowed to sit in the qualifying examination only, if he has an experience of working as such for a minimum period of ten years.
(4) The Chief Engineer shall prepare a list of successful candidates for the purpose of considering them for promotion in accorda
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