634

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP-5493-2000 (O&M)

Date of decision: 20.07.2022

Amrik Singh

&Petitioner

Vs.

State of Haryana and another

&Respondents

CORAM: HON9BLE MR. JUSTICE ARUN MONGA

Present:- Mr. Deepak Sonak, Advocate,

For the petitioner.

Mr. R.D.Sharma, DAG, Haryana.

*****

ARUN MONGA, J. (ORAL)

Petition herein, inter alia, is for issuance of a writ in the nature of

certiorari to quash the impugned order dated 20.04.2000 vide which claim of the

petitioner for promotion has been rejected.

2.

I have heard learned counsel for the parties and gone through the case

file.

3.

Record reveals that vide an order dated 22.07.1997 contained at

Annexure P-5 after due consideration of the merits of the deserving candidates

which included the petitioner, his case was favourably recommended for

promotion to the competent authority i.e. Director Department Industries.

However subsequently owing to the speaking order dated 20.04.2000 passed by the

Administrative Secretary of the Department, the promotion was put on hold. In

fact, it would be apposite to reproduce the reasons of the same as recorded in the

aforesaid speaking order as below:-

<The State Government has already taken a decision in

principle for sending a requisition to the Haryana Public Service

Commission for recommending a suitable candidate for this post.

Moreover, in the meantime the policy instructions have been received

from the Finance Department of the State Government under which

the only vacant post of Supdt. (engg.) (now vacant) is liable to be

abolished. The final decision is still to be taken as to whether the post

be abolished or be filled up by direct recruitment through HPSC.=

VANDANA

2022.08.01 18:31

I attest to the accuracy and

integrity of this document

Apropos above, a rejoinder affidavit dated 19.02.2002 by K.K.Suneja,

Deputy Director of Industries has been filed before this Court wherein following

stand has been taken:-

As regard the eligibility of the petitioner, it is submitted

that as per the draft proposed rules, he was only eligible for the post

to Superintendent Tools & Designs, which was a separate post to that

of Superintendent. Tools and Dies/Heat Treatment. The post of

Superintendent, tools & Designs was earlier meant for direct

recruitment and reserved for ex-serviceman. During the year 1979

requisition to fill up the post of Tools & Designs was placed with the

Employment Exchange but there being no candidate available a Non-

Availability Certificate was issued and the post was filled up through

open market. Shri Kirpal Singh, the candidate belonging to Ex-

Serviceman category was appointed against this post. Shri Kirpal

Singh vacated this post in the year 1984 and the petitioner being only

eligible for this post was promoted as Superintendent, Tools &

Designs w.e.f. 08.08.1988 which post is being still held by him. Thus,

it is again reiterated that the petitioner has no claim against the post

of Superintendent tools & Dies/Heat Treatment and he was eligible to

be considered for promotion to the only post of Tools and Designs,

which has rightly been given to him w.e.f. 08.08.1988. It may also be

made clear that when in the year 1979 Shri J.D.Dambla was

promoted as Superintendent Tools & Dies the petitioner also working

in the same Centre as Draftsman (Mechanical) never objected to his

promotion and at this belated stage he is stopped to agitate under the

principle of delay and laches.

That para 3 of the replication is wrong and hence denied.

As averred in para 1 above, the petitioner was never eligible for the

post of Superintendent, Tools and Dies/Heat treatment Class-III and

was only eligible for the post of Superintendent, Tools and Designs

against which he was rightly promoted with effect from 08.08.1988. It

is wrong to claim that the petitioner was working against the post of

Superi