IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 4902 of 2009 DATE OF DECISION: MARCH 27, 2009 Satish Kumar and others .....PETITIONERS Versus State of Haryana and another ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.Ajay Sharma, Advocate, for the petitioners. .. SATISH KUMAR MITTAL, J. All the petitioners are working as Assistant Secretaries in various Market Committees in the State of Haryana. Prior to that, they were working as Accountants, Market Committees and now they have been promoted on the posts of Assistant Secretaries in Market Committees since 21.8.2007. The next promotional post is the Secretary, Market Committee. As per the Haryana State Agricultural Marketing Board Service Rules, 1974, the post of Secretary, Market Committee was to be filled up by way of promotion or by direct recruitment. However, vide notification dated 17.11.1994, the said Rule was amended and the post of Secretary, Market Committee, as per the new rules, was to be filled up by way of promotion only. On 4.1.2008, New Service Rules came into force and according to the New Rules, the posts of Secretaries, Market Committees have to be filled up 50% by direct recruitment, 48% by way of promotion amongst Assistant Secretaries and 2% amongst Statistical Assistants, who have experience of three years. The case of the petitioners is that all the unfilled posts of Secretaries, Market Committees, which were available before the amendment of the Rules, should be filled up under the old rules. In this petition, the petitioners are challenging the decision dated 25.2.2009 taken by the Haryana State Agricultural Marketing Board on Item No.4 where it was proposed that 40 sanctioned vacant posts of Secretaries, which were available prior to the New Rules, should be carried forward and filled up under the provisions of New Service Rules, 2008 because none of the existing available Assistant Secretaries are having the requisite experience for promotion to the posts of Secretaries. It is the case of the petitioners that those 40 posts should not be carried forward and the same should be filled up as per Old Rules as and when the petitioners acquire the requisite experience. After hearing the counsel for the petitioners and going through the contents of the petition, I do not find any merit in this petition. Undisputedly, 40 vacant posts of Secretaries were available when the New Service Rules were implemented. It is further admitted position that none of the petitioner is fulfilling the requisite qualification, i.e., required experience for promotion to the said post prescribed in Old Rules. In view of this admitted position, the contention of the counsel for the petitioners cannot be accepted that those 40 posts should be filled up by 100% promotion in future as per Old Rules as and when the petitioners acquire requisite experience. In my opinion, in this case the respondent-Board was fully justified in carrying forward those 40 posts for being filled up under the provisions of the New Service Rules of 2008 because none of the Assistant Secretary on that date was eligible and qualified to be promoted on the post of Secretary, Market Committee. Thus, I do not find any illegality in the approval of Item No.4 granted by the respondent-Board in its meeting held on 25.2.2009. Dismissed. March 27, 2009 (SATISH KUMAR MITTAL) vkg JUDGE]