CWP No.7822 of 1988 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 7822 of 1988 Date of Decision: 22 - 12 - 2008 Randhir Singh and another ....Petitioners v. The Punjab Mandi Board and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Kasturi Lal, Advocate for the petitioners. None for respondent No.1. Mr.Parveen Kataria, Advocate for respondent No.2. Mr.D.S.Brar, Advocate for respondents No.7 to 13. *** KANWALJIT SINGH AHLUWALIA (ORAL) This Court in `Sajjan Singh v. Market Committee, Khadur Sahib and others', Civil Writ Petition No.6028 of 1988, decided on 19.12.2008 had noticed various circulars, which are germane to the decision of present writ petition. Relevant portion of Sajjan Singh's case (supra) is reproduced below:- “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stated therein that before the petitioner CWP No.7822 of 1988 [2] could be promoted, resolution dated 11.11.1983 was superseded by another circular dated 16.4.1986 wherein it was stated non availability of suitable candidates out of Clerks, the posts of Auction Recorder may be filled by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 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 CWP No.7822 of 1988 [3] 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.” In the present case, respondents No.7 to 13 were direct recruits to the post of Auction Recorder. Petitioner No.1 was appointed as Clerk on 30.11.1987 and petitioner No.2 was appointed on 27.7.1987 as Clerk. Three years requisite experience to become eligible to the post of Auction Recorder on promotion had to accrue to the petitioners in the year 1990. Admittedly, the respondents were appointed as Auction Recorder on 16.5.1988. Therefore, when the respondents were appointed as Auction Recorder, petitioners were not eligible for promotion to the post of Auction Recorder. Counsel for the petitioners has relied upon Circular Letter No.54 of 1984, Annexue R-IV wherein, it was stated that in case of promotion to the posts of Auditors and Mandi Supervisors, the same be filled up by promotion from amongst eligible employees having three years experience. In case employee with requisite experience are not available, employee without three years experience be given promotion. However, they shall be entitled to pay scale of promotional post after completion of three years. This circular in no way apply for promotion to the post of Auction Recorder, as same is confined to the post of Auditors and Mandi Supervisors. Hence, there is no merit in the present petition and the same is dismissed. ( KANWALJIT SINGH AHLUWALIA ) December 22, 2008. JUDGE RC