Harjit Singh & Ors. vs State Of Punjab & Anr.

HARSIMRAN SINGH SETHI J. (ORAL)

Present application has been filed for placing on record Annexures P-9 to P-11.

Keeping in view the facts mentioned in the application, which are duly supported by an affidavit, the application is allowed. Annexures P-9 to P-11 are taken on record.

By this common order, two writ petitions, the details of which have been given in the heading, are being disposed of as both the petitions involve the same question of law on similar facts.

Present writ petitions have been filed challenging the Punjab Home Guards and Civil Defence (Field) Class III Service Rules, 1983 (Annexure P-6) (hereinafter referred to as ‘1983 Rules’) to the extent that it does not provide any promotional avenue to the category of Radio Wireless Operators though, all the other cadres working, has been provided the avenue of promotion especially to the post of Platoon Commander.

Learned counsel for the petitioners argues that the notification which has been issued on 14.09.1983 by Government of Punjab Department of Home Affairs and Justice, describe the feeder cadre for promotion to the post of Platoon Commander and though as per Rule 8 (2) (iii) of the 1983 Rules, Havildar Instructors, Quarter Master Sergeant, Sergeant Mechanics and Sergeant Armourers apart from Assistant District Commander as well as Clerks have been made eligible but, the Radio Wireless Operators have not only been denied the promotion to such post but even otherwise no further avenue has been given to Wireless Operators.

Learned counsel for the petitioners submits that initially, in lieu of non-availability of promotional avenue, the benefit of Assured Career Progression Scheme was available which has also been withdrawn hence, as of now, the situation is that the petitioners who are working as Radio Wireless Operators, are working on the same post without any further avenue of promotion/financial upgradation.

Upon notice of motion issued, the respondents have filed the reply.

It may be noticed that the factum that there is no further promotional avenue from the post of Radio Wireless Operator but with regard to non-inclusion of said post for promotion to the post of Platoon Commander, the reason given is that any feeder cadre, who are working in the field and can supervise the training which is duty of the Platoon Commander, have only been made eligible as a feeder cadre for promotion to the such rank.

We have heard learned counsel for the parties and have gone through the record with their able assistance.

It is a settled principle of law rendered by the Apex Court in Raghunath Prasad Singh vs. Secretary Home (Police) Department, Government of Bihar and others 1987 SCC Online SC 784 that every employee who is appointed, has to be given at least two avenues of promotion in his/her career span. It is a conceded position that even the benefit of ACP in lieu of stagnation is not being made available to the Radio Wireless Operator.

Further, while framing the Rules, it has escaped to the notice of the authorities that the Radio Wireless Operators have to be given avenue of promotion.

The prayer of the petitioners is that they can be considered for promotion to the post of Platoon Commander especially when large number of other cadres working in different field have been made eligible as feeder cadre for promotion to such post, denying the benefit of such promotion to the Radio Wireless Operator is bad, the only reason which has come forward is that while framing the Rules, no such avenue was made available.

In the reply, it has been mentioned that only the feeder cadre which are working in the field and has a supervisory duty, which assist while performing the duties by the Platoon Commander have been made eligible. The said averment is incorrect as even the Clerk who performed a desk duty, have been made eligible for promotion to the post of Platoon Commander. Once, even the Clerks have been made eligible, denying such benefit to the Radio Wireless Operator, is incorrect.

Keeping in view the totality of the circumstances, the present writ petitions are allowed. The respondents are directed to amend the 1983 Rules suitably so as to grant an avenue of promotion to the Radio Wireless Operator. In case, the respondents comes to the conclusion that the Radio Wireless Operator can also be made the feeder cadre for promotion to the post of Platoon Commander, the same will suffice the claim of the petitioners.

Let, such consideration be undertaken and finalize within a period of three months from the date of receipt of copy of this order.

Civil miscellaneous application pending if any, also stands disposed of.

A photocopy of this order be placed on the file of other connected case.