AMRIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present petition has been filed by petitioner Amrit Singh seeking writ in the nature of certiorari quashing the promotion order dated 16.2.1989 vide which respondent No. 3 was promoted as a Purchase Assistant. He further prays that the respondents be directed to consider and promote him as Purchase Assistant with effect from the date respondent No. 3 was promoted.

(2.) The brief facts emerging from the writ petition and the reply are that the petitioner was appointed as a Fresh (Class IV post) on 6.5.1968. Respondent No. 3 was appointed as Helper (Class IV post) on 11.9.1973. Thereafter while respondent No. 3 was further promoted as a Store Keeper (Class III post) on 31.8.1978, petitioner was promoted as a Clerk (Class III post) on 7.3.1983. The petitioner himself concedes in paragraph 3 of this petition that both the posts of Clerk and Store Keeper were in the pay scale of Rs. 400-600.

(3.) Further promotion to the post of Purchase Assistant is regulated by the Punjab Department of Rural Development and Panchayats (Class III) Service Rules, 1988 (hereinafter referred to as 1988 Rules). For promotion to the post of Purchase Assistant the relevant rule is as hereunder : <FRM>JUDGEMENT_625_LAWS(P&H)7_2006_1.html</FRM> A perusal of the rule would show that promotion was to be made from amongst Clerks and Store Keepers who have an experience of working on any of the aforesaid posts for a minimum period of three years.