KAILASH CHANDER JAIN Vs. STATE OF HARYANA ETC

JUDGEMENT

(1.) The petitioner joined service in the Food and Supplies Department of the Punjab Government on August 2, 1948, as an Accountant. In due course, he was promoted to the post of Senior Auditor on December 20, 1948, which post he held till October, 1953, when he was reverted to the post of Assistant Senior Auditor on account of economy drive in the Department. From June, 1954 to April 1957, he remained on deputation with the Delhi Transport Authority and came back to his parent Department in April, 1957, when he got his promotion as Senior Auditor. From that post he was promoted as Accounts Officer in August, 1964, and was confirmed in that post with effect from June 27, 1967, and was placed in the pay-scale of Rs. 250-750, which has since been revised to Rs. 350-900. He sent on deputation to the Food Corporation of India as Assistant Accounts Officer with effect from April 20, 1966. That post was subsequently designated as Senior Assistant Manager (A/cs) in the pay-scale of Rs. 400-950 and the petitioner has continued to hold that post to date.

(2.) The post of Accounts Officer in the Food and Supplies Department pertains to class II of the Punjab Food and Supplies Department (State Service Class II) and is governed by the Punjab Food and Supplies Department (State Service Class II) Rules, 1966 (hereinafter referred to as the Rules), which were promulgated by notification No. G.S.R. - 54/Const./Article 309/66, dated March 22, 1966, and were published in the Punjab Government Gazette dated March 25, 1966, and came into force on that date. Rule 6 of the said Rules prescribes the method of appointment to various posts which are governed Rule 6(1)(a) provides that the appointments to the post of Deputy Director, Food and Supplies, shall be made as under :-

(3.) Two appointments to the post of Deputy Director, Food and Supplies, were made by the Government by order dated October 6, 1970, by confining the selection to District Food and Supplies Controller only from amongst whom respondents 3 and 4 were appointed. These respondents took charge of their new posts on October 9, 1970. Respondent 5 was senior to them and was at that time on deputation to the Food Corporation of India. He was promoted to the post of Deputy Director, Food and Supplies, in absentia by an order dated November 17, 1970. While making appointments to these posts, the petitioner was not considered. He, therefore, filed the present petition challenging the orders of promotion of respondents 3 to 5. Written statements have been filed by all the respondents, to which replication has also been filed.