Madan Singh and Others vs State of Punjab and Others

Ajai Lamba, J.—This civil writ petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of mandamus directing the Respondent-State and Director, Technical Education & Industrial Training, Punjab, to hold Departmental Promotional Committee''smeeting for promotion to the post of Group Instructor(s) in the 25% quota for Diploma holders while considering the eligible candidates only.

Notice of motion.

On the asking of the Court, Mr. B.S. Chahal, Deputy Advocate General,Punjab, accepts notice on behalf of Respondents. Requisite number of copies of the petition have been given to learned Counsel for the Respondents.

On the request of learned Counsel for the parties and in view of the nature of controversy, the matter is being taken upto day itself for final adjudication.

Heard.

Learned Counsel for the Petitioners contends that the Petitioners joined the service in State of Punjab, Department of Technical Education &Industrial Training as Craft Instructors, and have served for more than 5 years. The Petitioners are eligible for promotion as Group Instructors under the Punjab Industrial Training (Group B) Technical Service Rules,2006.

While drawing attention of the Court towards the unamended service rules, learned Counsel states that the posts were to be filled by way of promotion to the post of Group Instructor from amongst Craft Instructors to the extent of 75% of the post sand 25% by direct recruitment. Due to the availability of qualified Diploma holders with the Department, the rules were amended and a separate feeder cadre was provided for promotion to the post of Group Instructors.25% of the posts were separately earmarked for promotion from amongst Craft Instructors who were Diploma holders in Engineering.

Learned Counsel contends that it was noticed that persons who had obtained Diploma from unauthorised institutions were being promoted. The matter was brought before this Court in Civil Writ Petition No. 2858 of 2008 titled ''Sunil Kumar Soni v. State of Punjab and Ors.''. The petition is pending adjudication. Vide interim order dated 27.2.2008, the following direction has been issued:

Counsel for the Petitioner says that in identical matter in Civil Writ Petition No. 1640 of 2008, this Court has issued notice of motion and the same is coming up for hearing on 14.05.2008.

Let notice of motion issue to the Respondents, returnable on 14.05.2008.

Re-notify for hearing on 14.05.2008 alongwith CWP No. 1640 of 2008.

In the meanwhile we direct Respondents No. 1 and 2 not to promote the candidates who have obtained the degrees from unauthorized institutions.

Learned Counsel has pointed out that in deference to directions of this Court, vide Order dated 26.3.2008 (AnnexureP-4), directions were issued to the Heads of Departments to ensure meticulous compliance of directions of this Court.

Learned Counsel for the petitioners states that dehors the directions of this Court, the respondents appear to be in a hurry to fill the posts by way of empanelling 28 persons for promotion to the post of Group Instructors, although the such persons who do not hold Diploma from authorised institutions.

Learned Counsel for the Respondent-State contends that directions of this Court would be followed in letter and spirit.

Having considered the issue, I am of the opinion that the petition appears to be premature. This Court had directed the Respondents not to promote the candidates who have obtained degrees from unauthorised institutions. The Respondents, at this point in time, have been shown to be only considering various persons in the cadre for promotion. This Court trusts that after consideration, persons who do not hold Degrees/ Diploma from authorised institutions, would not be promoted, and directions issued by this Court and resultant instructions (Annexure P-4) issued by the Respondents would be followed in their letter and spirit.

The petition is accordingly disposed of.

Copy of the order be given under signatures of the Reader of the Bench.