S S SODHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WE have heard learned counsel for the parties at length. WE hereby grant special leave to appeal against the judgment and order of the High Court of Punjab & Haryana dated 21/12/1988 passed in Writ Petition No. 11657 of 1988 and proceed to dispose of the appeal.

(2.) THE appellant is employed as Enforcement Chief with the Punjab State Agricultural Marketing Board ( hereinafter referred to as 'the Board') having been promoted to the said post in November, 1985. On 4/12/1987, the Secretary of the Board submitted a proposal for creation of the posts of Manager Finance and Manager Marketing in the Board with a view to improve the operational efficiency. By letter dated 24/12/1987, the Deputy Secretary to Government of Punjab, Development Department informed the Secretary of the Board that the President of India is pleased to create the posts of Manager Marketing and Manager Finance during the year 1987-88 for reorganising the affairs of the Board and for improving operational efficiency. By Notification dated 12/02/1988 (published in the Punjab Government Gazette dated 17/02/1988) the Punjab State Agricultural Marketing Board (Class 1) Service Rules, 1988 (hereinafter referred to as 'the Rules') made by the President of India for regulating the recruitment and conditions of service of persons appointed to the Punjab State Agricultural Marketing Board (Class I) service were notified. THEse Rules are applicable to the posts specified in Appendix 'A' to the Rules. THE post of Manager Marketing is included in the said Appendix. THE method of recruitment and qualifications for recruitment are prescribed in Appendix 'B' to the Rules. For recruitment to the post of Manager Marketing it was initially provided in Appendix 'B' to the Rules that recruitment could be made (i) by direct recruitment; or (ii) by promotion. Enforcement Chief having experience of working as such for a minimum period of two years is qualified for recruitment by promotion to the post of Manager Marketing. In the proviso to sub-rule (1) of Rule 8 of the Rules it is provided that if no suitable candidate is available for appointment to a post in the Service, such post shall .be filled in by direct appointment or by .transfer, as the appointing authority may decide in this behalf. By Notification dated 13/07/1988, the rules were amended and against Serial No. 2 in Appendix 'B' relating to the post of Manager Marketing an amendment was made in column 3 whereby additional method of recruitment viz; by transfer on deputation, was inserted and in column 6 relating to qualification for recruitment by transfer on deputation the following provision was inserted:

(3.) SUB-rule (1) of Rule 8 of the Rules provides as under: