- (1.) The petitioners are working as Senior Assistants with the Punjab Small Industries and Export Corporation Ltd. (hereinafter called the Corporation). Respondent No. 2 was working as a Senior Clerk, which is a lower post as compared to the post of Senior Assistant. Respondent No. 2 had passed the SAS examination whereas the petitioners had not passed that examination. So far as length of service is concerned, respondent No. 2 had become Senior Clerk in the year 1993 whereas petitioners were appointed as Senior Assistant in the years 1978, 1980 and 1981 respectively. Respondent No. 2 was promoted as Section Officer vide order dated October 8, 1998, copy annexure P-6. This order has been made the subject matter of challenge in the present writ petition. Notice of motion was issued. Reply has been filed.
(2.) Learned counsel for the petitioners argued that in the bye-laws governing the service conditions of the employees of the Corporation, there is no provision for considering Senior Clerks for promotion as Section Officer who might have passed SAS examination. It is further submitted that in fact it was during the pendency of the writ petition that the Board of Directors of the Corporation p assed a resolution reserving 25% of the posts of Section Officers to be filled in by promotion from amongst the Senior Clerks who had passed the SAS examination. This resolution is dated June 9, 2000, and has been appended as Annexure P-10 with the replication. From the aforesaid facts it is urged that respondent No. 2 was not eligible for consideration for promotion as Section Officer on the dale the impugned order was passed.
(3.) Before noticing the arguments of the learned counsel for the respondent, the relevant bye-laws framed by the Corporation under Article 73 of the Articles of Association of the Corporation for regulating the recruitment and conditions of service may be noticed :- "3.1 (relevant portion) (a) Recruitment to the various posts under the Corporation shall be made by the Board by any one or more of the following methods; i) by direct appointment; or ii) by deputation from Government or any other Corporation;" b) xxxxx c) i) The Board/Appointing Authority may prescribe for various posts under the Corporation the qualifications, whether academic, technical or otherwise, or tests or physical standards or any experience that it may consider necessary and expedient for the efficient discharge of duties or conditions for confirmation, promotion or continuance in service." xxxxx 3.8 (relevant portion) GENERAL a) to e) xxxxx f) "Apropos of the Punjab Govt. instructions which are and be continued to be followed on any point for which there is no corresponding provision in the Service Bye-Laws of the Corporation.";