JUDGMENT
Amarjeet Chaudhary, J.
1. In this petition under Article 226 of the Constitution of India the petitioner has prayed for quashing Resolution No. 477, dated 22-5-1987 passed by Municipal Corporation, Amritsar, a copy of which is Annexure P 7 to the writ petition vide which the case of the petitioner for promotion was kept pending. The petitioner has sought a direction that he be considered and promoted from the post of Tracer to that of Draftsman.
2. The brief facts of the case are that the petitioner is serving as Tracer in the Municipal Corporation, Amritsar, since November 1970 and is placed at serial No. 2 in the seniority list of the Tracers in respondent-Corporation One Charanjit Lal Bhatia, who is senior to the petitioner was also a tracer and was promoted as Draftsman vide office order No. 200, dated 18.11.1977. The petitioner represented to the respondent for consideration of his case for promotion to the post of Draftsman as the post was lying vacant but no action in the matter was taken However, the petitioner was allowed to work as Draftsman on temporary basis in his own pay scale vide office Order No. 3366, dated 10-3-1981. The petitioner again made a representation to the respondent that since Charanjit Lal Bhatia was promoted to the post of Draftsman vide office order No. 200, dated 18-11-1977, and he having possessed the same requisite qualification and experience, be also promoted to the post of Draftsman Despite repeated representations, he was not promoted to the post as prayed for as Draftsman. However, respondent, Corporation vide resolution No. 477, dated 22-5-5987 promoted Surinder Singh Sahota (S.C.) and Chattar Singh who was junior to the petitioner The case of the petitioner for promotion was kept pending for examination. The petitioner has claimed promotion from the post of Tracer to that of Draftsman According to him, he is senior, duly qualified and eligible for promotion as per past practice and rules/instructions prevailing in the Corporation.
3. On the other hand, the case of the respondent-Corporation is that new draft service rules were enacted in the year 1981. As per Draft Rules, the qualification prescribed for promotion for Draftsman is Diploma. As the petitioner does not possess a diploma, as such he is not eligible for promotion
4. I have considered the submission made at the Bar and have perused the paper book.
5. It is not in dispute that the petitioner as per seniority list is at No. 2. One Charanjit Lal Bhatia who was also a Tracer was promoted as Draftsman on the basis of his five years experience as Tracer as par rules instructions prevalent in the Corporation. Similarly, the petitioner who has also got 5 years experience as Tracer and was admittedly at No. 2 in the seniority list, I see no reason why petitioner’s case for promotion was kept pending whereas he was duly eligible for promotion. It is well settled principle of law that Draft Rules cannot override existing service rules until made final by the competent authority and published. Respondent-Department has not been able to show that the draft rules have been finalised. Evan otherwise also, per Section 398(1) of the Municipal Corporation-Act, 1976, all regulations made by the Corporation under the Act are to be made by the Government within one year of the establishment of the Corporation; and any regulation so made is to be altered or rescinded by the Corporation in the exercise of its powers under the Act Sub-rule (2) provides that no regulation made by the Corporation under this Act shall have effect until is approved by the Government and published in the official gazette. In the case in band draft service regulations having not been approved, as such cannot be acted upon. Consequently, old rules regarding condition of service shall apply.
6. In view of the foregoing reasons, this writ petition is allowed and the respondent is directed to consider the case of the petitioner for promotion per eligibility under the old rules. The case of the petitioner for promotion is to be considered within two months from the receipt of the order.