BIKRAM SINGH AND OTHERS Vs. PUNJAB STATE CO-OPERATIVE SUPPLY AND MARKETING FEDERATION LTD AND ANOTHER

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for directing the respondents to allow the benefit of pay scale of Rs. 5,800-9,200/- from the due dates on completion of eight years of service with consequent fixation of pay and payment of arrears along with interest and further promote the petitioners from the post of Mortar-Mate Grade-I to the post of Work Inspector as per the case of Swaran Singh, who was promoted on 18.07.1981 and Paramjeet Singh who was promoted in the year 1988-89 and further to allow the revised pay scale as per order dated 08.06.2007 (Annexure P-2) and 11.06.2007 (Annexure P-3) respectively.

(2.) In brief, facts relevant for disposal of the present writ petition are to the effect that respondent no.1 is a body registered under the Punjab Cooperative Societies Act, 1961 over which the Government has a deep and persuasive control and it is performing the functions of procuring, marketing/trading, processing/manufacturing of agricultural products as well as by-products of its affiliated members for carrying on business activities within the territory of whole of India and outside India as per its aims and objects. The bye-laws provide for regulation making power. Pursuant thereto or in furtherance thereof regulations have been framed providing for promotion policy for the common cadre employees of the MARKFED.

(3.) Petitioners were initially appointed as Mortar-Mates in the engineering wing on work-charge basis. Thereafter, their services were regularized vide office order dated 03.02.1999 along with employees of other categories. After the regularization of their services as Motor- Mates, the petitioners were given the regular pay scale vide order dated 05.06.1998. Thereafter, vide order dated 03.02.1999, pay scales were bifurcated into two parts i.e matriculate and non-matriculate. Since the petitioners were claiming themselves to be matriculate, they were allowed unrevised pay scale of Rs.950-1200 as on 31.12.1995.