KANWAR MANJIT SINGH AND OTHERS Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-1-498
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 16,2012

KANWAR MANJIT SINGH AND OTHERS Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) The petitioners seek quashing of the orders dated 28.12.2009 and 8.1.2010 ( Annexures P/2 and P/7 respectively ) whereby they were treated on probation on the promotional posts of Audit Officers and held not entitled to increment until they pass the departmental examination stipulated under Section 7(1) of the Punjab Cooperative Audit (Group 'B') Service Rules, 2007 (in short '2007 Rules').
(2.) The short question that arises for consideration is whether service conditions of the petitioners as Audit Officers are to be regulated by the Punjab Cooperative Audit (State Service) Class II Rules, ( in short "1973 Rules" ) or under 2007 Rules
(3.) The petitioners joined the department as Audit Inspectors in the year 1986 and were promoted as Senior Auditors, followed by their further promotion as Audit Officers vide order dated 21.6.2007 ( Annexure P/1). The only condition incorporated in the promotion order was that " these promotions are made on temporary basis subject to the approval of PPSC". The petitioners' case is that at the time when they were promoted, 1973 Rules were applicable and as per Rule 9 (1) thereof, they were to be kept on probation for a period of one year only. They rely upon Rule 9(2) of 1973 Rules to contend that their work and conduct during the period of probation was satisfactory for all intents and purposes as neither they were reverted nor the probation period was further extended.;


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