CR No.6028 of 1988 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 6028 of 1988 Date of Decision: 19 - 12 - 2008 Sajjan Singh ....Petitioner v. Market Committee, Khadur Sahib and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Rajeev Kataria, Advocate for the petitioner. Mr.Pardeep Bhanot, Advocate for respondent No.1. Mr.A.S.Khaira, Advocate for respondent No.3. None for respondents No.2,4 and 5. *** KANWALJIT SINGH AHLUWALIA (ORAL) The present writ petition has been filed by Sajjan Singh. He pray that appointment given to respondents No.3 to 5 as Auction Recorder be quashed and he be promoted as Auction Recorder. Petitioner was appointed as Clerk on temporary basis on 3.10.1083, vide appointment letter, Annexure P-1. He was confirmed on the post of Clerk on 22.8.1986. On 11.11.1983, Punjab State Agricultural Marketing Board passed the following resolution:- CR No.6028 of 1988 [2] “2. The employee who had joined the department after 3.7.1980 be given pay scale of Rs.400-600 and in future all posts of Auction Recorder shall be filled from such employees after giving promotion to the Post of Auction Recorder. It means the employee who recruited in the department after 3.7.80, will first get promotion to the post of Auction Recorder and then will get other promotion.” Petitioner relies upon this resolution and say that he should have been appointed as Auction Recorder in pursuance of this resolution and the appointment of respondents No.3 to5 as a direct recruits is bad and is liable to be quashed. Notice of motion was issued. Written statement has been filed on behalf of Punjab State Agricultural Marketing Board. It has been stated therein that before the petitioner could be promoted, resolution dated 11.11.1983 was superseded by another circular dated 16.4.1986 wherein it was stated non availability of suitable candidates out of Clerks, the posts of Auction Recorder may be filled by direct recruitment. Copy of this circular has been attached as Annexure R-1. Thereafter the instructions were modified by circular No.38 dated 16.2.1987 and it was decided that a Clerk should have three years experience before he is promoted as Auction Recorder. Thereafter, the Government issued another circular on 25.4.1988 and decided that 50% posts of Auction Recorder should be filled through direct recruitment and 50% through promotion. No averment has been made in the writ petition that earlier to appointment of respondents No.3 to 5 as direct recruits, any vacancy of Auction Recorder arose and if the same occurred, any junior to the petitioner has been appointed. Therefore, it is to CR No.6028 of 1988 [3] be presumed that till 1986, petitioner was not rightly promoted and, therefore, he can have subsequently no quarrel with the Government that he be promoted as Auction Recorder, as direct recruits appointed as Clerk lack requisite experience and suitability. Petitioner also cannot assail the subsequent circular whereby it was stated that three years experience in the cadre of Clerks is necessary. Petitioner in the present case was appointed on 3.10.1983. Thereafter, three years experience he was to acquire on 3.10.1986. Prior to that the circular came on 16.4.1986 whereby direct recruits were appointed. Since respondents No.3 to 5 were direct recruits and were appointed in pursuance of selection, petitioner in no way can compete with them. Therefore, there is no merit in the present petition and the same is liable to be dismissed. Mr.Khaira, at this stage, has stated that respondent No.4 – Gurmukh Singh has expired. In view of the above observations, there is no merit in the present petition and the same is dismissed. ( KANWALJIT SINGH AHLUWALIA ) December 19, 2008. JUDGE RC