HARBHAJAN SINGH Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2013-9-653
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 06,2013

HARBHAJAN SINGH Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.)The petitioner, who is serving as Junior Draftsman under the Department of Irrigation, State of Punjab, has filed the instant writ petition impugning the order dated 2.4.2012, Annexure P15, whereby his claim for being considered for promotion to the post of Junior Engineer has been rejected. Further prayer is for the issuance of a writ in the nature of mandamus for directing respondent-authorities to promote the petitioner to the post of Junior Engineer with effect from the date his juniors have been so promoted.
(2.)Under the Punjab Public works Department (Irrigation Branch) Overseers, Engineering State Service Class-III Rules 1997, for promotion to the post of Junior Engineer not less than 10% of such posts in the service are to be filled up by way of promotion from amongst the Junior Draftsmen and Surveyors who have an experience of working as such in the Department for a minimum period of five years and who have obtained diploma in Civil or Mechanical or Electrical Engineering from a recognized Institution.
(3.)Pleaded case of the petitioner is that he was promoted as Junior Draftsman on 17.7.1997. Upon obtaining due permission, the petitioner pursued a diploma course in Mechanical Engineering from the Institute of Mechanical Engineers (India) Mumbai and completed such course in the year 2006. Vide letter dated 15.3.2010, the Chief Engineer (Drainage), Punjab had written to the Chief Engineer, Ranjit Sagar Dam Shahpurkandi Township, Pathankot for forwarding the names of the eligible candidates for consideration for promotion to the posts of Junior Engineer from the cadre of Junior Draftsman/Surveyors against the 10% quota prescribed under the statutory Rules. The petitioner being duly eligible had also applied for being considered for promotion to the post of Junior Engineer and his application was duly forwarded by the Executive Engineer Township Division, Ranjit Sagar Dam, Shahpurkandi Township along with the relevant documents and summary of his ACRs.


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