SURJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, who were working as Assistants in Punjab State Agricultural Marketing Board, Chandigarh (hereinafter referred to as 'the Board') have made a three-fold grievance. Firstly, they claim that all vacancies in the cadre of Secretary, Market Committees, which occurred prior to the promulgation of statutory rules called the Punjab State Agricultural Marketing Board (Class-II) Service Rules, 1988 (hereinafter referred to as 'the Rules') has to be filled up in accordance with the criteria prevalent at the time of the occurrence of the vacancies and not on the basis of the Rules. Secondly, it is claimed on their behalf that the Rules making them totally ineligible for promotion are violative of Articles 14 and 16 of the Constitution. The petitioners are also aggrieved by the order dated April 4, 1988, by which the various Superintendents etc. working in the Board were given an option for promotion to the posts of Secretaries after being reverted to the posts of Assistants. On behalf of the respondents it is claimed that the vacancies in the cadre of Secretaries have been filled up in accordance with the rules in force at the time of filling up of the posts and as such petitioners who were not eligible for promotion could not have been considered and promoted. It has been further pointed out that petitioner No. 1 has already been promoted as Superintendent Grade-II and petitioner No. 2 has been provisionally appointed as Secretary in his own scale of pay till he acquires the requisite experience of 12 years as Assistant. Petitioner No. 3 is stated to have been promoted as Superintendent Grade-III and petitioner No. 4, it has been averred, will be considered for promotion in his turn. It has been further averred that petitioner No. 5 is a matriculate and will be considered for promotion to the post of Superintendent in his turn.

(2.) A few facts relevant for resolving the controversy may be noticed. The Board is constituted under the provisions of the Punjab Agriculture Produce Markets Act, 1961 (hereinafter referred to as 'the Act'). Under the Act the State Government nominates the members of the Board, appoint the Secretary and exercises superintendence and control over its affairs. It has also the power to frame rules including service Rules etc. for carrying out the purposes of the Act. In the year 1969, a Pay Revision Committee (hereinafter referred as 'the committee') consisting of two officers of the Government and the Secretary of the Board was constituted to go into the question of revision of the grades of the employees of the Board as also the various Market Committees. It submitted its report to the Government in April, 1970. The recommendations of the committee were approved by the Government and a direction was issued to the Board to adopt the recommendations. This direction was issued by the Government vide its letter dated June 3, 1970 (Annexure P.1). The Board accepted the recommendations of the Committee in its meeting held on November 14, 1972. The recommendation in respect of the post of Secretary, Market Committee, was contained in paragraph 3.8. It reads as under :-

(3.) On the receipt of a proposal from the Chairman, Marketing Board regarding the change in existing policy of filling up of the post of Secretary, Market Committee the matter was examined in detail. After taking into consideration all pros and cons it has been decided that the post of Secretary, Market Committee will be filled in accordance with the following new criteria :-