PARMA NAND, INSPECTOR AUDIT, COOPERATIVE SOCIETIES, HARYANA DABWALI, DISTRICT HISSAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who was appointed as a Sub Inspector, Audit in the Cooperative Department on 01.04.1964 has a grievance that the 3 rd respondent, who was appointed subsequently on 21.11.1966 to the same post, was promoted from a Class III post to Class II post as an Assistant Registrar on 01.02.1996 before the petitioner himself was promoted. He would, therefore, seek for consideration for promotion to the promotion on the same day when his junior was promoted on 01.02.1996.

(2.) The contention is that the petitioner had been inducted in the Department in the unified Punjab and under the State Reorganization Act, the services conditions of persons who had been appointed previously could not be altered except with the permission of the Central Government as per Section 82 (6) of the Punjab Reorganization Act, 1966. According to him, the Rules which were applied by the respondent in affording to the 3 rd respondent the promotion were the Rules of the year 1980 and the petitioner himself must have been considered for promotion as per the 1958 Rules namely the Punjab State Cooperative Service Class II Rules. The counsel points out to me that method of recruitment to post of Assistant Registrar, which was a Class II post was either by promotion from Class III or by direct recruitment and since he was a Statistical Assistant, which was a Class III post, he should have been promoted to the post of Assistant Registrar on 01.02.1996 on the day when the 3 rd respondent was promoted.

(3.) The contention is defence by the State is that the petitioner, who was appointed as Inspector Audit has gained his promoted in the rank as Junior Auditor, Cooperative Societies in the pay scale of Rs. 525-1050, while the 3 rd respondent himself was not eligible for promotion as Junior Auditor at that time. When the petitioner was promoted in his own parent cadre, the 3 rd respondent continued as a Statistical Assistant in the Department in which he was allowed to continue. He was promoted as Assistant Registrar on 01.02.1996 pursuant to a decision of this Court in C.W.P. No.4196 of 1983. The petitioner himself came by a further promotion as Junior Auditor in April 1990 to which post he joined also. From the post of Junior Auditor, the further promotion post was the Statistical Officer which post he subsequently held. The 3 rd respondent continued to working as Statistical Assistant in the Department since the year 1980 and as per Rules of the year 1958 after 7 years of experience as Statistical Assistant, he was entitled for consideration to the post as an Assistant Registrar, Cooperative Societies and therefore, he was promoted to that post on 01.02.1996.