BALDEV KRISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the petition as originally filed the provisions of Punjab State Agricultural Marketing Board (Class-II) Rules, 1988 had been questioned. However, at the hearing of the petition, the only contention pressed is that 43 posts of Secretaries of Market Committees had fallen vacant prior to the promulgation of the rules on May 2, 1988. These 43 vacancies had to be filled up in accordance with the rules/criterion which were/was in force prior to the promulgation of the rules. A few facts may be noticed.

(2.) The petitioners are working as Head Clerks in different Market Committees. In accordance, with the criterion prescribed by the competent authority the posts of Secretaries of Market Committees had to be filled up to the extent of 33 per cent by promotion from amongst Head Clerks-cum-Accountants of these Committees, and the remaining posts had to be filled up by direct recruitment or by promotion amongst the Assistants. After the promulgation of the rules, the criterion was altered. The only claim made by the petitioners is that the provisions of the rules shall apply only to the vacancies which occurred on or after May 2, 1988.

(3.) In the written statement filed on behalf of respondent No. 2, it has been inter alia averred that the petitioners have an effective alternative remedy by way of revision petition under Sec. 42 of the Punjab Agricultural Produce Markets Act, 1961 (hereinafter to be referred to as the Act). It has also been pointed out that the matter is under consideration of the Apex Court in Spl (Civil) No. 10641 of 1991 (Pritam Singh and another Vs. The State of Punjab & others). On merits, it is admitted that 43 posts of Secretaries, Market Committees were lying vacant prior of May 2, 1988. It has also been averred that 8 Head Clerks had been promoted as Secretaries, Market Committees in compliance with the orders of this Court. However, the incumbents cannot be reverted on account of the interim stay order granted by the Honourable Supreme Court of India.