HANS RAJ AGNIHOTRI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Promotions of respondents Nos. 3 and 4 to the posts of Secretaries, Market Committees, have been challenged in this petition. The petitioners have prayed for quashing of Annexures P-7 and P-8 and for declaring rule 8(2) read with Item No. 26 of Appendix 'B' of the Punjab State Agricultural Marketing Board (Class-II) Service Rules, 1988, to be ultra vires to the provisions of the Constitution. They have also prayed for a direction to the respondent - Board for grant of consequential benefits.

(2.) Petitioner No. 1 joined service as Fee Collector-cum-Clerk in the Market Committee, Patti, district Amritsar, after he had passed Matriculation examination. He was promoted as Accountant in the pay scale of Rs. 160-400 with effect from 1.6.1970. Subsequently, he was transferred to Market Committee. Tarn Taran, district Amritsar. Petitioner No. 2 passed the Higher Secondary Examination in 1964 and joined service as Auction Recorded in the Market Committee. Amritsar, with effect from 19.10.1968. He was promoted as Accountant with effect from 1.7.1974. In the joint seniority list of Head Clerks/Head Clerk-cum-Accountants issued by the Punjab State Agricultural Marketing Board, Chandigarh, on 23.8.1984, the names of the petitioners appear at Sr. No. Section 50 and 82 respectively and that of respondent No. 4 does not appear in that seniority list.

(3.) The posts of Head Clerks and Accountants were in a common pay scale till the coming into force of the revised pay scales with effect from 1.1.1986, with effect from which date the post of Head Clerk was given the pay scale of Rs. 200-3500 and the post of Accountant was given the pay scale of Rs. 1800-3200 with Special Pay of Rs. 80/- P.M. Upto 1.5.1988 recruitment and conditions of service of the persons appointed in the service of the various Market Committees were regulated by administrative instructions issued by the Government. The Government had granted approval to the proposal of respondent-Board regarding recruitment to the posts of Secretaries by two methods, namely, direct, recruitment and promotion. On 2.5.1988 respondent-Board promulgated the rules of 1988 and as per rule 8(2) of these rules the posts of a Secretaries Market Committees are required to be filled 40% by direct recruitment and 60% by promotion. These rules also provide that those Head Clerks and Accountants who possess the qualification of B.A. or B.Sc. (Agriculture) and who have 5 year's minimum experience are eligible to be considered for promotion.