CWP No.1014 of 1989 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 1014 of 1989 Date of Decision: 19 - 12 - 2008 Rajinder Singh ....Petitioner v. The Secretary, Punjab State Agricultural ....Respondents Marketing Board and another CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.J.C.Batra, Advocate and Ms.Mamta Malik, Advocate for the petitioner. None for respondents No.1 and 2. Mr.Kasturi Lal, Advocate for respondents No.3 and 4. *** KANWALJIT SINGH AHLUWALIA (ORAL) The present writ petition has been filed by Rajinder Singh seeking quashing of circular No.160 dated 11.11.1982 and order dated 9.1.1989 passed by respondent No.1, whereby recommendations of the Market Committee to grant promotion to Rajinder Singh from the post of Auction Recorder to the post of Mandi Supervisor-cum-Fee Collector were rejected. In the present petition, it has been averred that petitioner was appointed as Auction Recorder in Market Committee, Jalandhar on CWP No.1014 of 1989 [2] 14.2.1978. Subsequently, it is stated that on 1.9.1982, petitioner was transferred from Market Committee, Jalandhar to Market Committee, Bhogpur. A vacancy to the post of Mandi Supervisor-cum-Fee Collector occurred in the year 1986. The Board of Market Committee, Bhogpur vide resolution No.3 dated 29.11.1986 recommended the name of the petitioner for the post of Mandi Supervisor-cum-Fee Collector. A communication dated 2.12.1986, Annexure P-2 was addressed by the Secretary, Market Committee, Bhogpur to the Secretary, Punjab State Agricultural Marketing Board , Chandigarh for grant of approval for promotion of Rajinder Singh as Mandi Supervisor-cum-Fee Collector. On 9.1.1989, the Secretary, Punjab State Agricultural Marketing Board rejected the recommendations and refused to grant approval because of circular No.160 dated 11.11.1982 that Market Committee, Bhogpur could not be construed as parent committee of the petitioner. As per circular No.160 dated 11.11.1982, Annexure P-4 to determine the parent committee, cut off date as 1.4.1982 was introduced. It was stated that those employees of the Market Committees in which committees they were working on 1.4.1982, those committees will be the parent committees qua those employees. A question had arisen in `Shashi Pal v. Punjab State Agricultural Marketing Board and others', Civil Writ Petition No.8554 of 1987, decided on 12.12.2008, whether the Secretary of the Punjab State Agricultural Marketing Board is competent to transfer an Auction Recorder from one market committee to another market committee? Relying upon a judgment of this Court in Rana Sukh Raj v. Punjab State Agricultural Marketing Board, 1996(1) Service Cases Today 602, it was held that Secretary or the Board could only transfer the employees who are CWP No.1014 of 1989 [3] discharging duties in respect of accountancy and other employees cannot be transferred. The operative portion of the judgment reads as under:- “.....This Court had taken a view in Rana Sukh Raj's case (supra) that Mandi Supervisor-cum-Feel Collector cannot be transferred from one Committee to another and the provisions of the Act are to be strictly followed. Therefore, I find merit in the contention of Mr.Kasturi Lal, counsel for the petitioner. Therefore, petitioner was to be promoted as Accountant because as per seniority list (Annexure P-2), he was senior most Mandi Supervisor-cum-Fee Collector available at Market Committee, Makhu. Since Mrs.Jinder Kaur was initially appointed and was also promoted at Jalalabad, she could only make her claim for promotion at Jalalabad and not at Makhu.” Admittedly, Shanker Dass respondent No.4 was a senior most Auction Recorder at Bhogpur. Since a view has been taken that the Secretary, Punjab State Agricultural Marketing Board was not competent to transfer, therefore, Shanker Dass who was appointed in 1973 as Auction Recorder in Market Committee, Bhogpur is senior to the petitioner and was entitled to promotion. This stand has been taken by the respondent-Board. Therefore, they were justified in not granting approval to the appointment of petitioner as Mandi Supervisor-cum-Fee Collector. Shanker Dass has already retired. Therefore, no interference is warranted in the present writ petition and the same is dismissed. ( KANWALJIT SINGH AHLUWALIA ) December 19, 2008. JUDGE RC CWP No.1014 of 1989 [4]