Mukhtiar Singh vs State of Punjab

J.S. Narang, J.—It is the contention of the learned counsel for the petitioners that the impugned order, Annexure P-11, vide which the petitioners S/Shri Mukhtiar Singh and Sohan Lal had been reverted, is not sustainable in view of the judgment rendered by the Apex Court in the case title as Ajit Singh Janjua and Ors. v. State of Punjab and Ors., 1999(7) S.C. 153. It is the case of the petitioners that Shri Mukhtiar Singh was promoted against roster point No. 14, vide order dated 7.6.1993, Annexure P-3, and similarly Shri Sohan Lal had promoted against roster point No. 14, vide order dated 7.6.1993, Annexure P-4. Thus, in view of the clear mandate given by the Apex Court, all appointments which had been made prior to 10.2.1992 are not to be affected. So far as seniority is concerned, the same shall be effected in accordance with the mandate given by the Apex Court.

it is also the case of the petitioners that the stand of the Government before the Admitting Bench was that the matter relating to the promotion shall be dealt with expeditiously but till today no order has been passed with regard to the impugned order, which is not sustainable in view of the judgment rendered by the Apex Court in Ajit Singh Janjua''s case (supra).

An affidavit has been filed by Shri Amrit Lal Garg, PCS, Joint Secretary to Government, Punjab, Department of Public Health, wherein it is averred that the petitioners have been given the charge of the post of Executive Engineers, Public Health, vide order dated 7.7.2000 along with six others and it is further stated that whatever (whenever ?) regular promotions will be made, the case of the petitioners would be considered along with others, if eligible for promotion. The Government has not specifically stated with regard to the mandate given by Apex Court that the promotions, which have been made priorto 10.2.1995, are to be retained intact. In this view of the matter, the impugned order dated 24.12.1996 shall not be sustainable.

The petitioners have been reverted in pursuance to the impugned order dated 24.12.1996, copy whereof is Annexure P-11. After the reversion, the petitioners had represented that their case should be considered in view of Ajit Singh Janjua and Ors. v, State of Punjab and Ors., 1999(7) . S.C. 153, as they are entitled to protection of their promotion which has been made priorto 10.2.1995. The said representations are still pending with the Government. The petitioners have been currently given rank of Executive Engineers in the month of July, 2000. Thus the matter relating to promotion is stilt under consideration of the Government.

Since the promotions have been earned by the petitioners prior to 10.2.1995, the impugned order, copy Annexure, P-11, could not have been passed as has been made abundantly clear by the Apex Court in Ajit Singh Janjua''s case, 1999(4) STC I (SC).

In view of the above, the petition is allowed and the impugned order dated 24.12.1996, copy annexure P-11, is quashed. It is further directed that the case of the petitioners for promotion to the rank of Executive Engineers shall be considered in the light of the observations made in the light of Annexure P-11. Consequential benefits shall also be granted in accordance with law. This direction be carried out within 3 months from the date of receipt of the copy of this order from this Court or certified copy from the petitioners.

Petition allowed.