JAI PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was appointed as a Steno-typist on ad hoc basis on 2nd March, 1976, in the Punjab State Agricultural Marketing Board (hereinafter referred to as a 'Board'). He was regularised as such on 22nd March, 1977, and was further promoted as a Senior Scale Stenographer with effect from 2nd March, 1978. At the relevant time with which we are concerned, a Senior Scale Stenographer had two avenues of promotion. He could be considered for promotion as Personal Assistant or he could opt to be brought in the list of Assistants and considered for promotion to the rank of Superintendent or Secretary of a Market Committee. On February, 19, 1985, the petitioner represented that he opted for his name to be placed in the cadre of Assistants. Vide order dated 8th July, 1987 (Annexure P.3) the petitioner was allotted serial No. 41 in the list of Assistants. Before this order was issued, one Bhupinder Singh, who was placed at serial No. 42 in the list of Assistants prepared on 8th July, 1987, had already been promoted as a Secretary, Market Committee, on 24th March, 1986. The petitioner represented that since he was senior in the list of Assistants to the said Bhupinder Singh he should also be promoted as Secretary, Market Committee, prior to Bhupinder Singh. Since his request was not being acceded to, he filed revision petition to the Government under section 42 of the Punjab Agricultural Produce Markets Act, 1961 .

(2.) The Deputy Secretary to Government, Punjab, exercising the power of the State Government vide his order dated 30th May, 1988 (Annexure P.7) to the writ petition) allowed the revision and held that the date on which the petitioner gave in writing to the Board for fixing his seniority in the Assistants cadre be treated as the cut off date. In the concluding para of the order, it was observed as under :-

(3.) The grievance of the petitioner is that in spite of the clear-cut order of the Government, dated 30th May, 1988, he has not been considered for promotion as Secretary, Market, Committee, with effect from 24th March, 1986, i.e., the date on which his junior Shri Bhupinder Singh was promoted as such.