- (1.) The petitioner, who is working as Field Officer with the Punjab State Cooperative Supply and Marketing Federation Limited, Chandigarh, (in short MARKFED) prays for the issue of a writ in the nature of certiorari quashing the order by which his claim for seniority over respondents 3 to 28 was rejected. A few facts may be noticed.
(2.) The petitioner was appointed as a Manager grade 'C with the Cooperative Marketing Society, Sardulgarh on September 08, 1973. In pursuance to the provision in section 84-A of the Punjab Cooperative Societies Act, 1961, the common cadre consisting of certain posts including those of Managers Grade 'C in respect of the Markfed and various other primary societies, was created. In pursuance to this decision, the Punjab State Supply and Marketing Cooperative Services (Common cadre) Rules, 1967 were prepared by the Markfed. These were approved by the Registrar in accordance with the provisions of Section 84-A(2) of the Act and came into force on October 01, 1968. Thereafter, cases of various persons who were in the service of the primary societies and were holding posts included in the common cadre were considered. As a result of the screening conducted in the year 1972, various persons working in the primary societies were appointed to the posts in the common cadre. The petitioner who had joined as a Manager Grade 'C on September 08, 1973 was similarly screened on September 22, 1979. As a result, he was appointed to the common cadre vide order dated December 24, 1979 copy of which has been produced as Annexure P-1 with the writ petition. The post of Manager Grade 'C was redesignated as Field Officer in the common cadre.
(3.) On 25.1.1988, the Markfed circulated a seniority list of the persons working as Senior Branch Officer, Branch Officers and Field Officers. In this list, the petitioner's name was placed at Sr.No. 63 and he was assigned seniority on the assumption that he had joined service on December 28, 1979. Aggrieved by the position assigned to' him, the petitioner submitted a representation, a copy of which has been produced as Annexure P-3 with the writ petition. In this representation, the petitioner inter alia pointed out that he was entitled to the grant of seniority with effect from the date of initial appointment viz. September 08, 1973 and that the action in fixing his seniority with effect from December 28, 1979 was contrary to the provisions contained in the Rules. The petitioner avers that his representation was rejected. However, no order was conveyed to him. Accordingly, he has filed this writ petition, challenging the order of the respondents rejecting his representation regarding the fixation of his seniority.;