LAWS(P&H)-2009-7-229

SURENDER SINGH Vs. MANAGING DIRECTOR, HARYANA STATE FEDERATION OF CO-OPERATIVE SUGAR MILLS LIMITED AND ORS.

Decided On July 31, 2009
SURENDER SINGH Appellant
V/S
Managing Director, Haryana State Federation Of Co -Operative Sugar Mills Limited Respondents

JUDGEMENT

(1.) THE petitioner, who is working as Purchase Officer in the Meham Cooperative Sugar Mills Limited (respondent No. 2 herein), has filed the instant petition under Articles 226/227 of the Constitution of India for quashing the order dated 17.6.2008 passed by respondent No. 1, exercising the powers of Registrar, Cooperative Societies, Haryana, amending the qualifications for the post of Commercial Manager, which was to be filled up by direct recruitment; and the subsequent advertisement dated 25.6.2008, whereby the applications were invited for the said post in Meham, Cooperative Sugar Mills Limited.

(2.) UNDISPUTEDLY , the Standing Committee on Public Enterprises of the Government of Haryana decided to create one post of Commercial Manager in all the Cooperative Sugar Mills in Haryana. Respondent No. 1 while exercising the powers of Registrar, Cooperative Societies, accorded approval under the provisions of Service Rules for creation of the post of Commercial Manager along with following qualification and pay scale:

(3.) IN pursuance of the said amendment, the aforesaid advertisement dated 2S.6.2008 was issued. The petitioner, who is working as Purchase Officer in Meham Cooperative Sugar Mills Limited and possessing M.A. Degree in Public Administration and a Post Graduate Diploma in Purchasing, Store -keeping and Material Management along with a Degree in M.B.A., made a representation to the respondents for his promotion on the said post. After considering the matter, respondent No. 1 rejected the said representation on the ground that the post of Commercial Manager has been created under the direct recruitment cadre.