- (1.) Briefly, the case of the petitioner is that he was a permanent member of the Punjab Civil Supplies Department, Class III Service and is governed by the Punjab Food and Supplies Department (State Service, Class III) Rules, 1968 (hereinafter referred to as the Rules). He was a confirmed Assistant, and was promoted Deputy Superintendent with effect from May 1, 1974. Later, he was promoted as Superintendent vide order dated November 30, 1979 (copy annexure P. 2).
(2.) On February 23, 1977 the Punjab Government while taking the policy decision approved in the Cabinet meeting the upgradation of the Department of Director, Food and Supplies, Punjab from 'B' class to 'A' class along with about dozen other offices. As a result of the upgradation, it is alleged, the status of the post of Superintendent became from Class III to Class II. The pay scale of that post was revised from Rupees 400-650 to Rs. 500-900. After the upgradation of the office of the Director, Food and Supplies Department with effect from February 23, 1977, two posts of Superintendents became available in April, 1977 and August, 1977. Against the first post one Mr. C. K. Sawhney was promoted in April, 1977 and against the second post Mr. Gian Chand respondent No. 4 a member of Scheduled Caste was promoted. It is alleged that Mr. Gian Chand was a Clerk of the department and promoted as Assistant on provisional basis subject to qualifying the Assistant's grade test as and when held. It is further alleged that he has not qualified the Assistant's grade examination so far.
(3.) It is next averred that Major Singh respondent No. 3, belonging to Scheduled. Caste, was a clerk in the department and was promoted as a provisional Assistant on July 21, 1967, subject to the condition of qualifying the Assistant's grade test as and when to be held. He was further promoted as Deputy Superintendent on February 15/21, 1977. That order of promotion was later on ante- dated to have effect from August 30, 1974. At present he is on foreign service with the Punjab State Civil Supplies Corporation.;