- (1.) The Punjab State Cooperative Supply and Marketing Federation Ltd., Chandigarh (the MARKFED, for brevity) has challenged the order dated August 6, 1990 passed by the Additional Registrar, Cooperative Societies, Punjab, Chandigarh (Exercising the Powers of the Registrar, Cooperative Societies, Punjab) ordering promotion of Shri Chuni Lal Gupta, respondent No. 1, as Accounts Officer with effect from November 27, 1980, in this petition under Articles 226/227 of the Constitution of India. Facts first :
(2.) The Board of Directors of the MARKFED vide Resolution No. 118 dated November 12, 1979, created additional posts, rationalisation of designations/scales of pay of various posts in MARKFED. One of the posts created was that of Assistant Accounts Officer. The resolution provided that Accountants 'A' Grade would become entitled for promotion to the post of Assistant Accounts Officer if they passed the written test of prescribed standard. On June 1, 1983, the Registrar, Cooperative Societies, Punjab, Chandigarh directed the MARKFED to review the decision of the Board of Directors taken vide its Resolution No. 118, dated November 12, 1979. Consequently, on June 22, 1983, the Board of Directors of the MARKFED decided to abolish the test for the purpose of promotion mentioned in Resolution No. 118. The resolution dated June 22, 1983 reads thus :- "Resolved that officials in all cadres will get their original seniority as it stood before the tests were introduced with retrospective effect. All past and future promotions and consequently reversions, if necessary, will take place accordingly. In other words, the policy of scrapping the test is to be implemented retrospectively." Respondent No. 1 Shri Chuni Lal Gupta was promoted as Assistant Accounts Officer vide order contained in Endst. No. EST/EA-5/18130, dated May 31, 1983. In the order it was stated that in terms of Resolution No. 5 passed by the Administrative Committee in its meeting held on May 17, 1983, the Senior Accountants/Accountants 'A' Grade were promoted as Assistant Accounts Officers in the pay scale of Rs. 750-1300 with effect from May 17, 1983. The Board of Directors of the MARKFED vide order dated July 1, 1986 directed that respondent No.1 would be deemed to have been promoted as Assistant Accounts Officer with effect from November 27, 1980. Respondent No. 1 moved a petition before the Registrar, Co-operative Societies, Punjab purporting to be under Rule 1.9 of the Punjab State Supply and Marketing Cooperative Services (Common Cadre) Rules, 1967 (for short, the Rules) for a direction that he should be deemed to have been promoted as Accounts Officer from the date he was promoted as Assistant Accounts Officer. The Registrar entrusted the petition to the Additional Registrar, Cooperative Societies for disposal. The Additional Registrar, Cooperative Societies, Punjab vide impugned order dated August 6, 1990 directed that respondent No. 1 would be entitled to be promoted as Accounts Officer instead of Assistant Accounts Officer with effect from November 28, 1980 and he would also be entitled to consequential benefits arising therefrom. The Additional Registrar was swayed by one consideration that the post of Assistant Accounts Officer had ceased to exist after the passing of Resolution No. 118 dated November 12, 1979 and Sarvshri Gurcharan Singh and B.K. Garg, who were similarly situated as the petitioner, were to be promoted as Accounts Officer instead of Assistant Accounts Officer. Since these two officers were promoted as Accounts Officers, the petitioner should also be promoted as Accounts Officer.
(3.) The learned counsel for the MARKFED submitted that there is no provision under the Rules for challenging the order of the Board of Directors before the Registrar, Cooperative Societies, Punjab.;