MANJINDER SINGH Vs. SHIROMANI GURDWARA PRABANDHAK COMMITTEE

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of Certiorari for quashing the order dtd. 11/1/2022 (Annexure P-11) issued by the respondent to the extent that it transfers the petitioner to a lower category post without protecting his status of Category 17(B) which he legally holds. It is further prayed that a writ in the nature of Mandamus be issued directing the respondent to restore the petitioner to the status and post of Manager, a Category 17(B) post, on which he was promoted on 11/6/2015 (Annexure P-7) and granted the requisite grade on 21/7/2016 (Annexure P-8), along with a direction to the respondent to act in accordance with the Statutory Service Rules and the provisions of the Sikh Gurdwaras Act, 1925.

(2.) Learned counsel for the petitioner inter alia contended that the petitioner joined the service of the respondent-Shiromani Gurdwara Prabandhak Committee (SGPC) on 1/7/1999 in the capacity of a Clerk. He continued in service and earned successive promotions, eventually being promoted to the post of Supervisor on 12/1/2009 (Annexure P-2) and subsequently transferred as Assistant Manager, Sri Darbar Sahib on 25/9/2010 (Annexure P-3). The petitioner was granted the grade of Assistant Manager on 28/5/2012 (Annexure P-4) and later the grade of Additional Manager (Category 15(2)) on 12/10/2013 (Annexure P-6).

(3.) It is submitted that on 11/6/2015, the petitioner was promoted as Manager, Sri Darbar Sahib (Annexure P-7), and on 21/7/2016, he was granted the grade of the said post, which falls under Category 16 (now revised to Category 17(B) with a pay scale of 30990-132710). Learned counsel highlighted that while the petitioner was serving as Manager, Sri Darbar Sahib (Langar Branch), a controversy arose regarding the presentation of a 'Saropa' to a police officer, allegedly involved in the Kotkapura firing incident, which the petitioner claims was done under the instructions of the Head Manager. Consequently, the petitioner was transferred to Gurdwara Kurukshetra as Incharge on 23/4/2020 (Annexure P-9) and subsequently to Gurdwara Talwandi Sabo on 12/6/2020 (Annexure P-10). However, in both instances, the transfer orders specifically protected his post and pay.