PUNJAB MANDI BOARD Vs. BHARPUR SINGH

JUDGEMENT

(1.) This order shall dispose of a bunch of four Letters Patent Appeals and one Writ Petition (see footnote). The Punjab Mandi Board and its Officers have preferred three appeals and one appeal has been preferred by the employees of the Board under Clause X of the Letters Patent against the common judgment dated 23.12.2009 rendered by the learned Single Judge allowing the writ petitions by setting aside the order dated 17/18.7.1992 (P-12). The Petitioners in C.W.P. No. 19200 of 2010 have sought quashing of order dated 13.10.2010 (P-2), which has been passed after the common judgment dated 23.12.2009 passed by the learned Single Judge reverting them from the post of Superintendent Grade-II to that of Senior Assistants. Another learned Single Judge vide order dated 27.10.2010 deemed it appropriate that the said writ petition is heard along with the appeals.

(2.) The facts are noticed from L.P.A. No. 1151 of 2010. The Petitioner-Respondents are the employees of the Punjab Mandi Board (for brevity, 'the Board') and working on the posts of Clerks and Accounts Clerks. Their conditions of service are governed by the statutory Rules, namely, 'The Punjab State Agricultural Marketing Board (Class-III) Rules, 1989 (for brevity, 'the Rules'). Under the Rules, the expression 'Engineering Wing' has been defined to mean 'a Wing of the Board entrusted with execution of work of civil, electrical, public health and horticulture of the Board, and the committees.' According to Rule 8 of the Rules, the method of recruitment is specified in Appendix 'B', which provides two channels of promotion of the Clerks in the Board i.e. (i) In General Line - from Clerks to Senior Clerks, Senior Clerks to Assistants and Assistants to Superintendent Grade-II) / Secretary Market Committee; and (ii) In the Engineering Wing -Clerks to Sub Divisional Clerks (SDC), SDC to Accounts Clerk/Senior Assistant (Accounts) and Accounts Clerk to Superintendent Grade-IV).

(3.) Initially, the posts of Superintendent Grade-II and Superintendent Grade-IV were in different pay scales. The pay scale of Superintendent-IV was lower than the pay scale of Superintendent-II, inasmuch as, the post of Superintendent Grade-II carried the pay scale of Rs. 800-1400 plus special pay of Rs. 50/-, whereas Superintendent Grade-IV carried the pay scale of Rs. 620-1200 as on 1.1.1986. It is also conceded position that the Clerks and Accounts Clerks etc. could be promoted from General Line to Engineering Wing or vice-versa.