1066 of 2006 whereby the High Court dismissed the writ petition filed by the appellant herein against the office order dated 13.01.2006 by which the promotion of the appellant was cancelled and he was reverted from the post of Research Assistant Grade B to Silt Observer.
1066 of 2006 before the High Court.
Challenging the order of cancellation of promotion, the appellant along with one Sohan Lal, who was also promoted with him, filed C.W.P. No.
Facts of the case need mention, in brief, infra to appreciate the companytroversy involved in the appeal.
examination or equivalent.
In response to the said invitation, the appellant submitted his application without companycealing any fact or qualification along with the attested photocopies of his educational qualification certificates.
State of Punjab Anr.
The High Court by order dated 01.04.2004 disposed of the petition directing the Department to examine the case of the appellant in view of the decision of the High Court rendered in C.W.P. No.
The appellant was recruited as Silt Observer in the year 1986 in Irrigation and Power Research Institute, Amritsar, which is a Branch of Public Works Department, Government of Punjab.
On 24.05.2002, respondent No.2 submitted detailed companyments to the Under Secretary whereby the promotions of the appellant and others were explained.
At the time of his appointment, his qualification was matriculation with Science subjects and A. with Economics and Political Science.
In companypliance with the directions issued by the High Court, the claim of the appellant was reconsidered and the same was rejected on the ground that he did number fulfill the prescribed qualification for promotion.
19893 of 2002 before the High Court for quashing the order of cancellation of promotion.
Note When any vacancy arises and the recruitment is to take place through the Punjab Public Service Commission the method of recruitment shall always be decided in companysultation with them.
On 21.06.2001, respondent No.2 invited applications for filling up the post of Research Assistant Grade B from amongst the cadre of research staff working as Silt Analyst and other categories in the Irrigation laboratories.
Challenging the said cancellation order, the appellant filed writ petition being C.W.P. No.
On 10.10.2002, the Under Secretary, Irrigation Department, Government of Punjab directed the appellant and seven other promotees to appear before the Special Secretary, Irrigation Department, on 16.10.2002 regarding the companyplaint about their promotion.
Aggrieved by the said judgment, the appellant has filed this appeal by way of special leave before this Court.
While working as Silt Observer, the appellant was performing the duties of Research Assistant Grade B, as per the directives of his superiors.
19906 of 2002 Kuldip Singh Ors.
Heard Ms. Niharika Ahluwalia, learned companynsel for the appellant and Ms. Disha Singh, learned companynsel for the respondents.
The said invitation specifically mentions that the officials, who are employed as Silt Analyst or Observer should be working in the Institute or laboratories of the Department of Irrigation for at least 5 years and has also passed F.Sc.
Accordingly, the appellant and other promotees appeared before the Special Secretary on 16.10.2002 and explained to him about their eligibility under the Rules for promotion to the post of Research Assistant Grade B. After companysidering the matter, vide order dated 10.12.2002, the promotion of the appellant was cancelled on the ground that he did number fulfill the requisite qualification and experience and that he was number promoted in accordance with Rules.
On companysideration of his application and the experience, the Research Officer, Chemistry Branch of the Irrigation and Power Research Institute, Amritsar recommended the case of the appellant for being promoted as Research Assistant Grade B. After companysideration, the appellant was promoted as Research Assistant Grade B on 14.12.2001 and accordingly his pay and other allowances were also fixed.
Since 14.12.2001, the appellant was companytinuing to work as Research Assistant Grade B. After the promotions, some companyplaints were received by the Punjab Government regarding the promotion of the appellant as well as other promotions made subsequently and the Under Secretary, Irrigation Department, Government of Punjab asked for the detailed companyments and records from respondent No.2 regarding promotions made by him during the period 2001 2002.
Appointment to any post to be filled either by the promotion of officials already in the Service or by the transfer of officials already in the service of the Government of a State or of the Union shall be made purely by selection and numberofficial shall have any claim to such appointment as of right.
By order dated 13.01.2006, the promotion of the appellant was cancelled and was reverted to the post from which he was promoted.
Abhay Manohar Sapre, J. This appeal is filed against the final judgment and order dated 31.10.2008 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No.
By impugned judgment dated 31.10.2008, the High Court dismissed the petition filed by the appellant herein.
