MOHINDER SINGH Vs. STATE OF PUNJAB, ETC

JUDGEMENT

(1.) The petitioner joined the office of the Registrar, Co-operative Societies, Punjab, as Clerk on April 25, 1936. He was promoted to the post of Senior Clerk on November 2, 1948, and was further promoted to the post of Assistant on June 4, 1956 and then to the post of Head Assistant on May 26, 1961, which post he has been holding since then. He is a matriculate with a good record of service.

(2.) The President of India in exercise of the powers conferred on him by the proviso to Article 309 of the Constitution of India made rules for the recruitment and conditions of Service for the members of the Punjab Co-operative Department Service (Ministerial) (State Service Class III). These rules called the Punjab Co-operative Department Service (Ministerial) (State Service Class III), Rules, 1966 (hereinafter called the Rules), and were published in the Punjab Government Gazette dated October 15, 1966. Thus, they came into force from that date. In the instant case we are concerned with the post of a Superintendent and according to Rule 5 of the Rules Appointing Authority with regard to Superintendent is the Registrar of the Co-operative Societies, Punjab. The method of recruitment and qualifications for the post of Superintendent are given in Rule 10, which reads as under :-

(3.) It is admitted that the petitioner is a Head Assistant in the grade of Rs. 250-350 and he has worked for more than three years on that post. A vacancy of a Superintendent in the Audit Wing of the Co-operative Department arose on June 27, 1969, and without considering the name of the petitioner the Chief Auditor appointed respondent 4 as Superintendent. The said respondent was then working as Assistant/Head Clerk in the grade of Rs. 116-250 in the office of the Chief Auditor. By this petitioner, the petitioner has challenged the appointment of respondent 4 as Superintendent. Separate written statements have been filed by respondents 3 and 4, that is, the Chief Auditor, Co-operative Societies, Punjab, and Shri Faqir Chand. No written statement has been filed by the State Government of Punjab and the Registrar, Co-operative Societies, Punjab although they are respondents 1 and 2 respectively to the petition.