CWP NO.5787 OF 1988 :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 17.9.2008 Balwinder Singh Dhillon ...Petitioner VERSUS The State of Punjab and another …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Arun Kathpalia, Advocate for the petitioner Mr.Sudhir Sehgal, Sr.DAG, Punjab for respondent Permod Kohli, J. (Oral) The petitioner was appointed as Sub Divisional Officer (Panchayati Raj) on 17.10.1980 being holder of degree in Civil Engineering. By order dated 11.2.1984, the petitioner was given charge of the post of Executive Engineer (Panchayati Raj) which was lying vacant at the relevant time. At the time when the petitioner was given charge to the post of Executive Engineer, there were no statutory rules, though draft rules were prepared. In the year 1985, the State Government issued Executive Instructions on 13.5.1985 pending finalisation of the statutory rules. Under these executive instructions for promotion to the post of Executive Engineer, a person in the cadre of Sub Divisional Officer should CWP NO.5787 OF 1988 :2: possess the degree in Civil Engineering from a recongised university or a diploma in Civil Engineering with an AMIE Certificate with minimum of seven years experience as Sub Divisional Officer (PR) and subject to passing of the departmental examination and completion of period of probation. It is admitted case of the petitioner that in the year 1984, he was not possessed of minimum seven years of experience as Sub Divisional Officer. Petitioner acquired the requisite experience of seven years on 17.10.1987. He made a representation for promotion to the post of Executive Engineer on the ground that he is holding the charge of Executive Engineer since 1984 and a post is lying vacant. The grievance of the petitioner is that one Pritam Singh was also given the charge of the post of Executive Engineer, but he was released the grade and scale of that post. On 27.5.1988, the Government issued fresh Executive Instructions and minimum eight years period was prescribed for promotion to the post of Executive Engineer from the Sub Divisional Officer. The petitioner accordingly approached this Court, seeking direction that he may be given promotion on the basis of the original instructions of 1985 as Executive Engineer against the vacancy held by him w.e.f. 17.10.1987. Respondent no.2 was not impleaded as a party initially in the writ petition. However, respondent no.2 filed an application for impleadment which was allowed and he was impleaded as respondent no.2 in the writ petition. The State as also respondent no.2 filed their separate disclaimers. It is contended on behalf of the respondents that the CWP NO.5787 OF 1988 :3: petitioner and respondent no.2 participated in the same selection through the Public Service Commission wherein respondent no.2 was placed higher in merit than the petitioner. Consequently, the inter se seniority of the petitioner qua respondent no.2 was determined and respondent no.2 was placed at Sr.No.2 and the petitioner at Sr.No.3. Both were granted promotion as Executive Engineer on 29.11.1990. Petitioner filed CWP No.5020 of 1997 challenging the promotion of respondent no.2 on the ground that he could not clear the probation period within the prescribed time. This writ petition was dismissed by this Court and an appeal being Civil Appeal No.2304 of 1999 was also dismissed on 21.2.2002 by Hon'ble Apex Court. Consequently, seniority of petitioner and respondent no.2 was determined and respondent no.2 was placed above the petitioner. This seniority was again challenged by the petitioner in subsequent CWP No.15535 of 2003 which was later on withdrawn on 13.1.2004. It is stated on behalf of respondent no.2 that in the year 1984 when the petitioner was given the charge of Executive Engineer, he was not eligible under the executive instructions and on availability of the post he has been promoted. Under the above circumstances, I find no merit in this petition which is accordingly dismissed. (PERMOD KOHLI) JUDGE 17.9.2008 MFK CWP NO.5787 OF 1988 :4: