IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 1850 of 1989 Date of decision: 17th December, 2008 Ajaipal Singh … Petitioner Versus Punjab State Agricultural Marketing Board and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Gurnam Singh, Advocate for the petitioner. Mr. G.S. Dhillon, Advocate for respondent No.3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Grievance of the petitioner is to the approval/ sanction given by the Punjab State Agricultural Marketing Board on 24th January, 1989 vide Annexure P-11 to the appointment and promotion of Mr.Manjit Singh, Auction Recorder against the post of Mandi Supervisor with effect from 18th August, 1988 on temporary basis. Case of the petitioner was that earlier thereto, there were two posts of Mandi Supervisor in the Market Committee, Sidhwan Bet and two candidates namely, Sukhdev Singh and Sarbjit Singh belonging to general category were promoted and posted as Mandi Supervisors. It was further the case of the petitioner that a new post of Mandi Supervisor was created on 25th May, 1987. Petitioner was appointed against the vacant post of Auction Recorder meant for the members of scheduled castes and scheduled tribes. Petitioner states that among the scheduled caste candidates, he was the senior most. Petitioner further relied upon a letter issued by the State of Punjab through the Secretary to Government, Welfare of Scheduled Castes, Tribes and Back Classes, Punjab, whereby 100 point roster was to Civil Writ Petition No.1850 of 1989 be followed for the promotion and as per the roster, vacancy No.1, 5, 9 and 13 had to accrue to the scheduled caste candidate. Though the petitioner, being a scheduled caste, due to reservation, was to be given promotion, he was denied the same on the ground that he was lacking requisite experience of three years. This denial on account of having less requisite experience has been assailed by Mr.Gurnam Singh appearing for the petitioner on the ground that Government of Punjab had issued instructions on 12th March, 1984, in which it was stated that for determination of service tenure for promotion of the employees of Market Committee, the same be given to the lower cadre employees only, on the basis of seniority and where the employees had not completed requisite experience of three years, in such a case, proforma promotion may be given, but the employee will be entitled for higher scale of pay after completion of three years’ service. These instructions have been attached as Annexure P-3 with the writ petition. In response thereto, in a written statement filed, it has been stated that the instructions dated 12th March, 1984 (Annexure P-3) ceased to operate with effect from 27th January, 1989, when the rules for the service were adopted by the Board for the Market Committees. It has further been submitted that therefore, petitioner cannot claim benefit under these instructions, as after enforcement of the rules, these instructions came to an end. I have heard Mr.Gurnam Singh. In the present case, promotion orders (Annexure P-11) were passed on 24th January, 1989 and Mr.Manjit Singh was given promotion with effect from 18th August, 1988, therefore, petitioner is to be given benefit of instructions (Annexure P-3) issued on 12th March, 1989 as they were subsisting on the date of promotion of Mr.Manjit Singh on 24th January, 1989. 2 Civil Writ Petition No.1850 of 1989 Mr. G.S. Dhillon, appearing for respondent No.3 states that in view of instructions prevailing on the date of promotion, he is not in a position to defend the action of the respondents. Accordingly, present writ petition is allowed. Respondents are directed to consider the claim of the petitioner for promotion in the light of observations made above. In case, petitioner is ordered to be promoted, notional promotion be granted to him, by determining deemed date of promotion. Since petitioner has not worked on promoted post, no financial benefit shall accrue in form of arrears. However, he shall be entitled to re- fixation of pay. [KANWALJIT SINGH AHLUWALIA] JUDGE December 17, 2008 rps 3