RAJ KUMAR GUPTA Vs. PUNJAB STATE

JUDGEMENT

(1.) The petitioners, who are the members of Punjab State Subordinate Accounts (Class-III) Service, serving in various Departments of the State of Punjab have challenged the order dated 16.6.1982 (Annexure P-2) passed by the Food and Supplies Department of the State of Punjab, whereby respondents No. 4 and 6 have been promoted as Assistant Accounts Officers in the said department and have also challenged the order dated 20.8.1982, Annexure P-3, passed by Director, Food and Supplies Department, Punjab whereby option for portion as Asstt. Accounts Officer had been called for from the Departmental candidates who were working as Senior Auditors in the Foods and Supplies Department only. The petitioners have also prayed for issuance of mandamus seeking direction to Respondents No. 1 and 3 not to fill up the posts of Assistant Accounts Officers sanctioned for the Punjab Food and Supplies Department from the officials of the said department, but strictly in accordance with the Punjab State Accounts Service (State Service Class-II) Rules, 1966.

(2.) The case of the petitioners it that they passed the Subordinate Accounts Service Examination and are working in various Departments of the Punjab Government under the administrative control of Finance Department and their service conditions are governed by the Punjab State Subordinate Accounts (Class-III) Service Rules, 1978. It is also the case of the petitioners that the next channel of promotion of the petitioners is to the post of Assistant Accounts Officers and then Accounts Officer which are Class-II post and are governed by the Punjab (State Accounts Service state Service Cases-II) Rules, 1966.

(3.) It is also the case of the petitioners that under the policy decision dated 22.5.1967, Annexure P-1, all the posts of S.A.S. Superintendents/Accountants/Senior Auditors/Assistant Accounts Officers and Accounts Officers had come under the administrative control of Finance Department and that provision of the existing service rules of various departments relating to the said posts might be amended. As per Rule 3 of Punjab State Subordinate Accounts (Class-III) Service Rules, 1978 applicable to the Punjab State Subordinate Accounts (Class-III) Service, the service shall comprise of the posts of Senior Auditors, S.A.S. Superintendents and Accountants existing in various departments of the Government and the posts born on the service are specified in Appendix 'A' to the Punjab State Subordinate Accounts (Class-III) Service Rules, 1978. Similarly per Punjab State Accounts Service (State Service Class-II) Rules, 1966, applicable to Class-II posts i.e. posts of Assistant Accounts Officers and Accounts Officers, all appointments have to be made by the Government in the Finance Department and no person who has not passed the S.A.S. examination can be appointed to such posts. The S.A.S. examination is one which is held by the Finance Department and is open to all eligible persons in all the Departments in Punjab.