- (1.) Petitioner has questioned the legality of annexure P/9 by which he has been reverted from the post of Senior Accounts Officer to that of Assistant Accounts Officer. He has prayed that the said order as well as advertisement annexure P/13 be declared illegal and be quashed and the respondents be directed to pay him salary in the pay scale of the post of Senior Accounts Officer.
(2.) Briefly stated the facts of the case are that the petitioner had joined service of Punjab State Cooperative Supply and Marketing Federation Limited (for short the respondent-Federation) on his appointment as Assistant Accounts Officer with effect from 29.2.1980. On the basis of his selection by a duly constituted Selection Committee. The petitioner was promoted as Senior Accounts Officer in the pay scale of 1000-1700 vide order annexure P/2 dated 23.12.1980. On successful completion of period of probation, the petitioner was allowed annual grade increment in the pay scale of Rs, 1000-1700 with effect from 27.11.1981 vide annexure P/3 dated 3.2.1982. Some more annual grade increments were sanctioned to the petitioner vide orders Annexures P/4 and P/4-A and then he was allowed to cross efficiency bar vide order Annexure P/5 dated 11.2.1985. After the petitioner had served the respondent-Federation as Senior Accounts Officer for a period of over four years, order dated 15.2.1985 was passed by the Managing Director of the respondent- Federation reverting him to the post of Assistant Accounts Officer. This the Managing Director did in the purported compliance of resolution No. 16 dated 22.6.1983 passed by the Board of Directors of the Federation. After about 13 days, order dated 28.2.1985 annexure P/10 was issued by the Managing Director of the respondent-Federation directing the petitioner and some other officers to continue to work against the posts of Senior Accounts Officer without any extra remuneration. The petitioner protested against his reversion and he filed a petition before the Registrar, Cooperative Societies, Punjab under rule 1.9 of the Punjab State Cooperative Services (Common Cadre) Rules, 1967 . His petition has been dismissed by the Registrar, Cooperative Societies vide order dated 6.4.1988.
(3.) The petitioner has pleaded that in terms of Rule 2.6 of the Common Cadre Rules, he will be deemed to be a confirmed Senior Accounts Officer after completion of period of probation of one year and six months and, therefore, it was not open to the Board of Directors of the respondent-Federation as well as the Managing Director to pass order of reversion. Another contention of the petitioner is that resolution dated 22.6.1983 on the basis of which order of reversion was passed has been declared to be null and void by this court in Punjab State Cooperative Supply and Marketing Federation Limited v. Additional Registrar,1984 2 SLR 217and in view of the judgment of this court, reversion brought about on account of said resolution cannot be sustained. Yet another contention of the petitioner is that after having asked the petitioner to work as Senior Accounts Officer, the respondent-Federation cannot deny him salary in the pay scale prescribed for the post of Senior Accounts Officer.;