C.W.P. No.9905 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.9905 of 2009 DATE OF DECISION: JULY 08, 2009 Kartar Singh .....PETITIONER Versus Punjab Mandi Board and another ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.J.S. Maanipur, Advocate, for the petitioner. .. SATISH KUMAR MITTAL, J. The petitioner is working as Mandi Supervisor in Market Committee, Banur, District Patiala (Punjab). In this petition, the petitioner is seeking direction to the respondents to promote him as Accountant w.e.f. 12.6.1988 and as Secretary w.e.f. 24.5.2004. To claim those promotions, which were denied to the petitioner, the petitioner served legal notice dated 28.6.2008. The said notice was replied by the respondents vide letter dated 23.7.2008 (Annexure P6) whereby the aforesaid claim of the petitioner for promotion was declined. Thereafter the petitioner filed an appeal before the Secretary, Punjab Mandi Board. When the said appeal was not decided, the petitioner filed CWP No.17998 of 2008 in this Court, which was disposed of on 17.10.2008 with a direction to the Secretary, Punjab Mandi Board to decide the said appeal filed by the petitioner within a period of six months. In pursuance of the said direction, the appeal filed by the petitioner was C.W.P. No.9905 of 2009 -2- dismissed vide order dated 21.5.2009 and the claim of the petitioner has been rejected while observing as under:- “I have heard the arguments of both the parties and have also perused the documents produced by both the parties. Shri Kartar Singh was promoted on 30.4.99 by the Market Committee to the post of Mandi Supervisor with effect from 12.6.1987. As per circular letter No.54 dated 28.03.1984 issued by the Board, for promotion from the post of Mandi Supervisor to the post of Accountant it is necessary to complete at least three years service period. Shri Kartar Singh who was Mandi Supervisor w.e.f. 12.06.1987 and for promotion to the post of Accountant his required experience of three years on the post of Mandi Supervisor was to be completed on 11.6.1990. But before that the Government vide Gazette Notification No.PA.23/61 S.43/89 dated 27.1.89 enforced the Punjab Market Committees (Class-3) Service Rules, 1989. As per these rules for promotion to the post of Accountant it is necessary to pass the departmental examination. But Shri Kartar Singh has not passed this examination till date. In this way it is clear that Shri Kartar Singh was neither eligible for promotion to the post of Accountant before the enforcement of the 1989 rules nor he is eligible after enforcement of the 1989 rules. Before the enforcement of the 1989 rules neither he fulfills the condition of required experience of three years nor he was senior most. Shri Baldev Krishan Sharma and Shri Prem Singh were senior to him and the educational qualification of Shri Prem Singh is also B.A. like Shri Kartar Singh. As per 1989 service rules Shri Kartar Singh, Mandi Supervisor is not suitable for the post of Accountant because he has not passed the departmental examination till date. Therefore, this official has no right to be promoted to the post of Accountant with effect from 12.6.1988.” The petitioner has challenged the said order in the instant writ petition. C.W.P. No.9905 of 2009 -3- After hearing the counsel for the petitioner and going through the impugned orders, I do not find any illegality in the same. Concededly, the services of the petitioner were regularized as Auction Recorder w.e.f. 13.11.1981. On 30.4.1999, he was promoted to the post of Mandi Supervisor-cum-Fee Collector w.e.f. 12.6.1987. The next promotional post was the post of Accountant. Prior to enforcement of the Punjab Market Committees (Class-III) Service Rules, 1989, as per Circular dated 28.3.1984, a Mandi Supervisor could be promoted to the post of Accountant if he was having three years experience on the post of Mandi Supervisor. Since the petitioner was promoted to the post of Mandi Supervisor w.e.f. 12.6.1987, he was not having the requisite experience for promotion to the post of Accountant w.e.f. 12.6.1988. Further it is also admitted position that two Mandi Supervisors, namely, Shri Baldev Krishan Sharma and Prem Singh were senior to the petitioner, who were having prior claim for promotion on the post of Accountant, which was existing in the Market Committee in the year 1988. Thereafter, the aforesaid Service Rules came into force w.e.f. 27.1.1989. As per the Service Rules, for promoting a Mandi Supervisor to the post of Accountant, passing of the departmental examination was mandatory. Concededly, the petitioner has not passed the departmental examination till date. Therefore, he is not eligible for promotion to the post of Accountant either before enforcement of the Service Rules or after enforcement of the Service Rules. Thus, the claim of the petitioner has been rightly rejected. Learned counsel for the petitioner contends that once the post of Accountant fell vacant in the Market Committee, then it should have been filled up in the year 1988 and thus by not filling up the said post in the C.W.P. No.9905 of 2009 -4- said year, the rightful claim of the petitioner has been denied. I do not find any force in the contention of the learned counsel. The petitioner was promoted as Mandi Supervisor-cum-Fee Collector w.e.f. 12.6.1987 and on that date two persons, namely, Shri Baldev Krishan Sharma and Prem Singh were senior to the petitioner. Up to coming into force of the Service Rules, the petitioner could not have been promoted on the post of Accountant because neither he was senior most nor he was having experience of three years, as required under the Circular dated 28.3.1984 issued by the respondent-Board. Therefore, even if the said post was not filled up, no prejudice has been caused to the petitioner. In view of these facts, I do not find any illegality in the impugned orders. No merits. Dismissed. July 08, 2009 (SATISH KUMAR MITTAL) vkg JUDGE