IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CIVIL WRIT PETITION 17621 OF 2007 DECIDED ON :16-12-2008 Sohan Singh ....Petitioner versus State of Haryana through Financial Commissioner & Secretary ....Respondent CORAM : HON'BLE MR.JUSTICE MEHTAB S GILL HON'BLE MR.JUSTICE K KANNAN Present: Shri D.S.Rawat, Advocate, for the petitioner Shri Harish Rathee, Senior DAG, Haryana K KANNAN, J I Scope: 1.By the order impugned in the writ petition dated 20-09-2006 issued by the respondent, the date of promotion of the petitioner to the post of Sub Divisional Officer had been changed from 03-11-1995 to 07-03-1996 and a notice issued on 08- 10-2006 that demanded the restoration of status quo ante was repelled by the respondent vide order passed on 03-08-2007. The order dated 20-09-2006 and the disposal made by the Government through its response to the legal notice on 03-08- 2007 are subjects of challenge in the writ petition. IIFacts: 2.The facts that are relevant for our case are that the petitioner who had joined as a Junior Engineer with the respondent on 27-11-1981 was regularised on that post with effect from 01-11-1986 and shown in serial Number 89 in the seniority list. The 3 other persons,namely, Karan Singh, Dharambir Yadav and S.K.Gill had joined subsequently and were shown as juniors to him in serial Nos.119,157 and 180 respectively. It is an admitted case that there was scope through the promotion quota to the post of SDO for degree holders from the post of Junior Engineers. Three new posts of SDO under the 'degree holders quota' were created on 03-11-1995 and the petitioner who was the senior most among the Junior Engineers was promoted as SDO with effect from 03-11-1995, on the basis that a provisional degree had been issued for B.E.Degree Course at the Engineering College, Kurukshetra for the final examination held in June, 1995. The University issued the certificate subsequently on 31-12-1995 CWP 17621 of 2007 --2-- which recorded the fact of the petitioner as having passed in the examination held in June, 1995 in First Division with Honours. III The basis for dispute: 3.There is no denying the fact that the petitioner had passed in the examination held in June, 1995 and the provisional degree certificate contained the particulars which were true and affirmed in the subsequent degree certificate issued by the University. The change in the date regarding the time from when the petitioner was treated as promoted was changed by the only fact that the petitioner had obtained the degree certificate only in December, 1995 and the requirement of the pass in degree must be taken only from the date when the degree itself is issued and, therefore, the initial date mentioned in the order that he had been promoted with effect from 03-11- 1995 was liable to be changed as 07-03-1996 when there fell a vacancy. The issue came to light only when the respondent issued the tentative inter-se seniority list of SDOs in which the petitioner's promotion as SDO had been shown as effective from 07- 03-1996. IV Proof of pars available through Provisional Certificate, good basis for establishing eligibility: 4.The counsel for the State vehemently contends that the qualification which required pass in B.E./AMIE in Civil Engineering for promotion to the post of SDO could be treated as having been fulfilled only from the date when the degree certificate had been issued and when admittedly on 03-11-1995 (since when the petitioner began to officiate in the said post) the petitioner did not have the degree certificate in his hand, he could not have been promoted from the said date. We feel constrained to observe that the contention on behalf of the respondent is not tenable. All that is necessary in order that a person became eligible is sufficient proof of pass in B.E./AMIE in Civil Engineering. It cannot be denied that the petitioner had passed in the examination held in June, 1995 and the information contained in the provisional certificate was correct. The degree certificate affirmed the entries in the result found in the provisional certificate. There is no further requirement that the degree certificate itself must be issued before the date of promotion. It is a common knowledge that degree certificates are issued by the various Universities at the Convocation and yet provisional certificates are made available in advance only to enable the students to pursue their further prospects in educational or job market without any undue delay. The change in the date of promotion has a direct adverse effect on the petitioner in re-assigning the seniority CWP 17621 of 2007 --3-- position and the grievance of the petitioner is, in our view, legitimate. The response of the Government in its reply to the legal notice issued takes unrealistic view of the situation and the rejection of the petitioner's claim, in our view, is wholly untenable. V Conclusion: 5.Under the circumstances, we direct that the respondent shall restore the initial order of promotion of the petitioner as SDO with effect from 03-11-1995 and re-assign the seniority list . The impugned orders dated 20-09-2006 and 03-08-2007 are quashed. 5.The writ petition is allowed in the above terms. sd/- sd/- {Mehtab S Gill} {K Kannan} Judge Judge 16-12-2008 Internet: Yes/No Reportable: Non-Reportable