JUDGEMENT
J.M. Tandon, J. -
(1.) RATTAN Chand, Petitioner, joined the Food and Supplies Department, Punjab, as Sub -Inspector in 1972. He was promoted as Junior Analyst in 1975. On March 23, 1980, he was promoted as an Inspector. Feeling aggrieved by the order of promotion as an Inspector he has filed the present writ.
(2.) THE conditions of service of the Petitioner in Food and Supplies Department, Punjab are governed by the Punjab Food and Supplies Department (State Service, Class III) Rules, 1968 (hereinafter called the Rules). Rule 9(Q) relates to the method of appointment as Junior Analyst and it reads:
(i) by direct appointment; or
(ii) by promotion from amongst Sub -Inspectors; provided they are Intermediate and have worked on the post of Sub -Inspector for a minimum period of 2 years; or
(iii) __________
Rule 9(Y) relates to the method of appointment as an Inspector and it reads:
(i) by direct appointment; or
(ii) by promotion from amongst Sub -Inspectors or Clerks working in the Department, or Junior Analysts who joined the Department as Sub -Inspectors and became eligible on the basis of their seniority as Sub -Inspectors, provided they have worked on their respective posts for a minimum period of 3 years; or
(iii) ________.
The scale of pay of a Junior Analyst as given in Appendix 'A' to Rules is 80 -4 -120; and that of an Inspector is in four categories namely 80 -190, 80 -185, 90 -160 and 80 -150. The pay scales of Junior Analysts and Inspectors have been revised. The present pay scale of a Junior Analyst is 450 -800 and that of an Inspector 570 -1080. It is, thus, clear that the channel of promotion of Junior Analysts, who joined the department as Sub -Inspectors, includes the post of Inspector which also carries a higher scale of pay than that of a Junior Analyst.
(3.) RULE 9(P) of the Rules relates to the appointment of Head Analysts and it reads:
(i) by direct appointment; or
(ii) by promotion from amongst Junior Analysts or Inspectors who possess degree in B.Sc. or B.A. with Physics and Mathematics as elective subjects; provided they have worked on their respective posts for a minimum period of three years.;
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