IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CIVIL WRIT PETITION 18354 OF 2007 DECIDED ON :17-12-2008 Vijay Singh ....Petitioner versus Secretary, Public Health Department, Govt.of Hy.and another ....Respondents CORAM : HON'BLE MR.JUSTICE MEHTAB S GILL HON'BLE MR.JUSTICE K KANNAN Present: Shri J.S.Mehndiratta, Advocate, for the petitioner Shri Harish Rathee, Senior DAG, Haryana K KANNAN, J 1.The petitioner seeks for Madamus to be issued for promotion from the post of skilled coolie to Well Borar in the Public Health Department. The contest by the State is two fold. There are proposals for re-structuring the cadre by introducing an additional post of Strata Observer between post of skilled coolie and “well borer” and that it is not possible to take up for consideration the petitioner's demand for the present . The second objection is that there is no vacancy on the promotion post right now and there are five persons senior to the petitioner for the post. 2.The rival contentions would require to be seen in the factual matrix of the petitioner who has joined the services as a skilled coolie on daily wages on 08-10- 1987 and he was regularised on the post on 01-04-1993. The specific Govt.Rules notified in the Haryana Govt.Gazette on 24-11-1998 makes skilled coolie or a T Mate as a feeder cadre consideration and the experience for appointment by promotion is 12 years in the post for promotion to the post of Well Borer. Admittedly, the petitioner has completed 12 years of service and his request for being considered for promotion was routed through SDE on 04-10-2004 in anticipation of his completion of 12 years on 01-4- 2005. The petitioner also secured direction from this Court that his request for promotion should be considered in CWP 6742 of 2007. Consequently, a speaking order had been passed on 10-07-2004 which is impugned in the writ petition setting out the fact that out of 5 persons who are seniors to the petitioner 4 persons had been working as strata observers and one remained as a skilled coolie. The petitioner, however, points out from the statement made on behalf of the State that out of 6 posts which are CWP 18354 of 2007 --2-- available for well borers, one Veer Bhan had expired on 07-08-2007 and 3 posts of well borers were still lying vacant . Although, Shri Amar Singh and Surinder Kumar, skilled coolies, had declined the promotion , it was not to the post of Well Borers but only declined to get promotion to the post of the Strata Observer. The petitioner contended that the posts are still not being filled up and if the post of Strata Observer has not been approved by any amendment to the Recruitment Rules, the State shall not wait indefinitely for amending the rules and stall promotion which was due to the employees. 3.While we may concede in favour of the State that it has the prerogative to make its own plans for re-structuring of its cadre, we cannot approve of an indefinite wait that could stall promotion prospects of its employees. The admitted vacancies have to be filled up and the State Govt.is bound to set itself a time frame before when the promotions could be effected. The State cannot offer to the seniors of the petitioner the posts of Strata Observers created de facto but that do not obtain sanction through its rules. If it finds that the petitioner's seniors would not accept the posts not sanctioned by the rules, it cannot use its own default to deny its employees the legitimate expectation of promotion. It will ill-behove of the State to demoralise its staff by adopting unrealistic policies or keep its employees guessing on how their promotions would be worked out. The employees have legitimate expectations of their own career prospects and the promotional avenue cannot be kept in abeyance . 4.Under the circumstances, while we cannot issue the Mandamus in the manner sought for by the petitioner , we direct that the respondents take the existing post of well borer as sanctioned by the Rules alone as available and offer promotion for the employees in the next lower grade in the order of seniority within a period of three months from the date when the copy of this order is made ready. If the promotional post is not accepted by any of the seniors of the petitioner and if any of the posts is still available, the petitioner shall be considered in such promotion post. 5.We dispose of this writ petition in the above terms. Sd/- sd/- {Mehtab S Gill} {K Kannan} Judge Judge 17-12-2008 Internet: Yes Reportable: Yes