SUKHVINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has been working in the Market Committee, Phagwara as an Electrician since 1.4.1987. The State Government enacted Punjab Market Committee Class-III Service Rules, 1989 which came into force on 27.1.1989. In these rules there was no provision for the post of Electrician along with many other posts. To accommodate such employees who have been left out in the Service Rules, the Punjab Mandi Board (hereinafter referred to as 'the Board') issued circular No. 276 on 8.12.1992. Under this circular it was directed that all the employees of the Market Committees like Kandaman, Record Keeper, Store Keeper, Caretaker, Restorer, Moharar, Kanda Moharar, Rest House Attendant, Kanda Munasi and others who were recruited after 3.7.1980 shall be merged into the cadre of Clerks. The petitioner was recruited as an Electrician on 1.4.1987. The petitioner claims to be covered under the category "and others" employees who were directed to be merged with the cadre of Clerks. The petitioner requested that he may be merged in the cadre of Clerk on number of occasions but his claim has not been accepted. This claim was considered by the Market Committee, Phagwara in its meeting held on 28.5.2001. It was unanimously decided that the petitioner and one other person who were working as a Chowkidar be promoted as Clerks from 1.6.2001. It was further directed that these employees will be paid the scale of Clerk on passing Punjabi Type test. This resolution was sent by the Market Committee, Phagwara to the Secretary, Punjab Mandi Board for approval. The Board by its order dated 9.4.2002 has rejected the recommendations made by the Market Committee, Phagwara on the ground that there is no provision to appoint an Electrician as a Clerk by transfer. The petitioner filed a revision petition before respondent No. 1 which has been dismissed by order 20.10.2003 (Annexure-P.11). Aggrieved by the aforesaid orders the petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India. He seeks the issuance of a writ in the nature of certiorari for quashing the order dated 9.4.2002 (Annexure-P.10) and dated 20.10.2003 (Annexure-P.11). The petitioner also seeks the issuance of a writ in the nature of mandamus directing the respondents to grant approval to the resolution dated 28.5.2001 (Annexure-P.3) passed by the Market Committee.

(2.) The respondents have filed a written statement and the petitioner has filed a replication thereto.

(3.) We have heard learned counsel for the parties at length and perused the record.