LPA No.554 of 1997 and -1- LPA No.555 of 1997 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 04.02.2010 1. LPA No.554 of 1997 Jaswant Rai & others .....Appellants Versus The Secretary, Government of Punjab .....Respondents Development and Agriculture Department, Chandigarh and others. 2. LPA No.555 of 1997 Parbhat Singh .....Appellant Versus The State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Rajive Atma Ram, Sr. Advocate with Ms. Suneeta Chauhan, Advocate for the appellants. Mr. Jaswinder Singh, DAG, Punjab. ALOK SINGH, J. 1. Both these appeals are preferred against the common judgment dated 21.7.1997 passed by learned Single LPA No.554 of 1997 and -2- LPA No.555 of 1997 Judge, thereby dismissing the writ petition bearing CWP Nos.1988 of 1981 and 4371 of 1981. 2. The brief facts of the present case are that petitioners filed respective writ petitions for consideration of their claim for the promotion on the post of Sectional Officers in the scale of Rs.700-1200. Petitioners were working as Surveyors in the office of the Soil Conservation Department, Punjab, were not having any channel of promotion. Government of Punjab vide order dated 7.9.1977 (Annexure P-1) directed that Surveyors who had put in more than 10 years service in the Soil Conservation Department may be considered for promotion to the post of Sectional Officer in relaxation of the rules. After the aforesaid order, 37 Surveyors were promoted to the post of Sectional Officers. There was no channel of promotion for Agricultural Sub Inspectors also. Government of Punjab vide order dated 20.2.1981 (Annexure P-2) directed that 20% of the total number of posts sanctioned for Soil Conservation Inspectors/Sectional Officers will be filled up by promotion from amongst the Surveyors and Agricultural Sub Inspectors on the basis of 10% from each category. 3. We have heard learned Counsel for the parties and perused the record. 4. Learned Counsel for the writ petitioners/appellants argued that against the vacancies of the Sectional Officers which existed prior to 20.2.1981, the cadre of Surveyors were only liable to be considered for promotion and no promotion LPA No.554 of 1997 and -3- LPA No.555 of 1997 could have been granted against those posts from the cadre of Agricultural Sub Inspectors. Learned Counsel for the writ petitioners/appellants argued that the order dated 20.2.1981 (Annexure P-2) cannot be made applicable retrospectively i.e. for the post which existed prior to 20.2.1981. Undisputedly, the total number of sanctioned posts of Sectional Offficers in 1981 was 207 and thus 10% quota of Surveyors worked out to 20 and similarly 10% quota of Agricultural Sub Inspectors was also come out to 20. 5. As observed by the learned Single Judge, 37 Surveyors had already been promoted as Sectional Officers which was beyond their quota of 20 posts and in that way writ petitioners had absolutely no grievance and their alleged grievance seems not to be justified. We find that learned Single Judge has committed no error while passing the impugned judgment. No interference is called for. 6. For the reasons recorded above, the appeals being devoid of merit, must fail, and the same are dismissed with no order as to costs. (ALOK SINGH) JUDGE (ADARSH KUMAR GOEL) 04.02.2010 JUDGE ashish