NACHHATTAR SINGH SON OF SHRI RANJIT SINGH, RESTORER, MARKET COMMITTEE, GIDDERBAHA Vs. THE STATE OF PUNJAB, THROUGH THE SECRETARY, DEPARTMENT OF AGRICULTURE AND FORESTS, AND OTHERS

JUDGEMENT

(1.) THE petition is for issuance of a direction for mandamus for granting permission to the petitioner from the date when his juniors had been promoted. The petitioner's contention is that he was appointed as a Restorer on a scale of Rs.400 -600 on 17.12.1982 and the respondents 4 to 6 were also appointed on the same date along with him. The respondents' services had been regularized subsequently and confirmed with effect from the date of their appointment by virtue of the resolution of the Market Committee passed on 24.04.1985, while the Market Committee promoted respondents 4 and 5 to the next higher post as the Auction Recorders. The petitioner, who was senior amongst them, was not promoted.

(2.) THE basis of the claim for the petitioner is that through the establishment circular No.150, dated 08.08.1986, there had been no uniformity in the seniority of employees of Market Committees as were appointed in the grade of 400 -600 as Kanda Man, Moharrar, Care Taker, Clerk, Rest -house attendant etc., and since all of them were eligible for promotion to the post of Auction Recorder, a common seniority list ought to be prepared from the date of their regularization, so that no employee is deprived of his due right. The petitioner refers to a resolution said to have been passed on 01.10.1986 by the Market Committee, Gidderbaha, referring to the representation made by the petitioner and recommending the petitioner's promotion to the post as Auction Recorder that was lying vacant. It appears that the petitioner had filed CWP No.14118 of 1991 making a similar prayer and this Court by an order dated 12.09.1991 had disposed of the writ petition directing the Market Committee, Gidderbaha, to pass a speaking order. The Market Committee appears to have disposed of his representation with a cryptic observation that under the instruction of DESO, Punjab, Mandi Board, Ferozepur, Shri Jaspal Singh, Care -taker, who was eldest in age, was promoted as Auction Recorder from Care -taker.

(3.) I again see the petitioner could not have had a genuine grievance, for, he cannot treat himself at par with respondents 4 to 6 by the only fact that they were appointed on the same day or they had the same scales of pay to start with. There is nothing to indicate from the pleadings that the Restorer is entitled to promotion as Auction Recorder. The contention of the respondents that even the promotion which had been made to the respondents in the year 1986 could not have been a subject of challenge in the year 1991 is to be well founded.