S S BAINS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is a direct recruit under the Punjab Agricultural Service (Class I) Rules, 1974 (hereinafter referred to as the 1974 Rules). He was promoted as Joint Director in the year 1984 and thereafter was selected and appointed as Director Marketing in the Department of Agriculture, Punjab vide order dated 1.9.1988. It was vide order dated 3.1.1991 that the petitioner was selected and promoted to the post of Director Agriculture. The appointment was made in officiating capacity in the scale of Rs. 5900-6700. Subsequently, vide order dated 20.1.1993, it had been certified by the Government of Punjab that the petitioner had completed the period of probation satisfactorily w.e.f. 3.1.1991 as envisaged under Rule 12(1) of the 1974 Rules.

(2.) On January 7, 1999, the Govt. of Punjab appointed Shri Ashok Dhir, an Advocate practising in the Subordinate Courts at Gidderbaha as Chairman of PUNSEED in place of the petitioner. It would be appropriate to mention here that vide the same order Shri Ashok Dhir, Advocate, had been inducted first as a Director on the Board of Directors of PUNSEED before being appointed as Chairman of PUNSEED. He joined as such on 18.1.1999 in place of the petitioner, and the petitioner was asked to continue on the post of Managing Director in view of the extension granted to him by the Government upto June 11, 1999. It was this alleged detrimental change which led the petitioner to file the present petition on 26.4.1999 questioning his removal from the post of Chairman of PUNSEED and sought issuance of a writ order or direction quashing the impugned order and/or direction to the State of Punjab for allowing him to join as Director Agriculture, his substantive post in the Agriculture Department, or in the alternative be allowed to continue as Chairman-cum-Managing Director of PUNSEED.

(3.) Notice of motion was issued. Govt. of Punjab filed reply to the petitioner.