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2009 DIGILAW 1895 (PNJ)

S. K. Malhotra v. State Of Haryana

2009-11-04

RANJIT SINGH

body2009
Judgment Ranjit Singh, J. 1. The petitioners have filed this writ petition to challenge the order of their reversion from the post of Assistant Town Planner (Annexure P-2). Further prayed for directing the respondents to promote the petitioners as Assistant Town Planners on regular basis. 2. Petitioner No. 1 hadjoined the services as Tracer on 13.1.1955. He was promoted as Junior Draftsman and then as Senior Draftsman followed by his promotion as Planning Assistant in the year 1974. Petitioner No. 1 was promoted as Assistant Town Planner in the year 1984. Having been appointed on 13.1.1956 petitioner No. 2 was also promoted as Junior Draftsman and as Planning Assistant in the year 1974. Later petitioner No.2 was promoted as Assistant Town Planner in the year 1984. 3. Both the petitioners performed honestly. They made a request for promoting them as Assistant Town Planner on regular basis the earlier promotion being on adhoc basis. They, however, were reverted to the post of Planning Assistant on the ground that their case for promotion was not approved by the Haryana Public Service Commission. The petitioners filed the present writ petition to impugn the order of reversion as well as to seek direction for their promotion to the post of Assistant Town Planner. 4. The facts about the details of the service of the petitioners and their promotions are not in much dispute. Perusal of the reply would show that some of the posts of Assistant Town Planner against direct quota became available in the year 1984. A decision was taken to fill up these posts meant for direct recruitment by promoting the petitioners as a stop gap arrangement so that the work of the Department may not suffer. Consequently, the petitioners were promoted as Assistant Town Planner on 20.4.1984. Their promotion was purely adhoc and with a specific stipulation as under: - 1. These promotions are subject to the approval of Haryana Public Service Commission. 2. They will be reverted to the post of planning Assistant as soon as the candidates were recommended by the Haryana Public Service Commission. 5. Thus the adboc promotion of the petitioners was subject to the approval of Haryana Public Service Commission. They were to be reverted to the post of Planning Assistant as soon as the candidates were recommended by Haryana Public Service Commission from a direct quota. 5. Thus the adboc promotion of the petitioners was subject to the approval of Haryana Public Service Commission. They were to be reverted to the post of Planning Assistant as soon as the candidates were recommended by Haryana Public Service Commission from a direct quota. Respondents would thus plead that there is no legal right with the petitioners to seek this promotion. It is also pointed out that the case of the petitioners for approval of adhoc promotion was sent by the Government to Haryana Public Service Commission but it did not accept the plea of the Government. The approval for this adhoc promotion was denied on the ground that the petitioners did not fulfill the requisite qualification prescribed in the service rules for recruitment to the direct quota post of Assistant Town Planner. 6. Having said so, it is stated in the reply that consequent upon the retirement of Sarv.hri B.S. Ohri and Satpal Ahlang on 1.4.1985 and 1.12.1987 respectively, two posts fell vacant from these dates. Thus 3 posts were statedly vacant in promotion quota. The claim of the petitioner for promotion was to be considered against these posts in a due course. 7. The writ petition was filed in the year 1989. The operation of the reversion order was stayed as an ad - interim measure. This order was vacated on July 25, 1989. The petitioners would have retired by now. The petitioners cannot advance any valid justification to continue on the promoted posts once their adhoc promotion was not approved. Still their case was to be considered for promotion against 3 vacant posts that were available. The counsel appearing for the parties are not aware of the factual position if the the petitioners were considered and so promoted or not. 8. With the passage of time, the writ petition has apparently become infructuous and accordingly is disposed of as such.