RATTAN LAL Vs. PUNJAB MANDI BOARD AND OTHERS

JUDGEMENT

(1.) The petitioner and respondent No. 3 who are working in the Market Committee, Jalalabad West, District Ferozepur, have an inter se dispute regarding promotion to the post of Head Clerk. A few facts may be noticed.

(2.) The petitioner was appointed as an Auction Recorder on April 18, 1966. In April, 1968, he was promoted as a Mandi Supervisor-cum-Fee Collector. On September 27, 1982, he was promoted to the post of Accountant. As against this, respondent No. 3 joined the service of the Respondent-Committee on October 4, 1972. He was promoted to the post of Mandi Supervisor-cum-Fee Collector on June 4, 1975. In the seniority list of class III employees as it existed on September 13, 1982, the petitioner's name appears at Sr. No. 2 while that of respondent No. 3 appears immediately below him.

(3.) On October 4, 1983, one Mr. Vijay Kumar Madan, whose name appeared at Sr. No. 6 in the seniority list, was promoted as a Head Clerk. Aggrieved by this promotion, respondent No. 3, filed a civil suit for a declaration that the promotion of Vijay Kumar Madan without considering his claim was illegal and that he was entitled to be promoted to the said post. This suit was decreed by the learned trial Court on November 4, 1985. The decree was affirmed and became final between the parties. Proceedings for execution of this decree were initiated by respondent No. 3. The petitioner filed objections on September 28, 1987. These objections were rejected by the learned executing court. Thereafter, on September 10, 1992, it was ordered that "necessary action be taken for the promotion of Shri Pukhraj Singh, Mandi Supervisor against the vacant post of Shri Nirmal Singh, Head Clerk in accordance with the orders of the Sub Judge, 2nd Class, Ferozepur." At this stage, the petitioner filed the present writ petitions 5. with a prayer that the direction contained in the letter dated September 10, 1992, a copy of which has been produced as Annexure P-8, be quashed and that a writ of mandamus be issued directing respondents Nos. 1 and 2 to consider and promote him to the post of Head Clerk. Admittedly, during the pendency of this writ petition, respondent No. 3 was promoted as Head Clerk vide order dated December 12, 1992.