M.M.KUMAR, J. - (1.) THE petitioner is aggrieved by order dated 25.5.2007, issued by the Chairman, Punjab State Agricultural Marketing Board-respondent No. 2 transferring the petitioner from Market Committee, Jagroan to the Market Committee, Mullanpur. The ground of challenge is that the transfer of the petitioner who is working as Accountant, Market-Committee, Jagraon, is out of cadre and such a transfer cannot be effected without his consent.
(2.) BRIEF facts of the case are that the petitioner joined as Clerk on 13.10.1982 with the Market Committee, Jagraon-respondent No. 3. On 8.4.1987, he was promoted as Mandi Supervisor against a reserved vacancy as he belongs to the category of Mazbi Sikh. He could not be considered for promotion to the post of Accountant under the policy of reservation. He filed C.W.P. No. 19766 of 2003. On 5.8.2005, the writ petition was decided in his favour with a direction to the respondents that he be promoted from date Shri Tarlok Singh- respondent No. 4 has been promoted on the post of Account i.e. 15.10.2001. The operative part of the judgment dated 5.8.2005 read as under :- "In view of the above, we allow the writ petition. Resolution dated 15.10.2001 (Annexure P-1) and the order of the Appellate Authority dated 13.8.03 (Annexure P-4) are hereby quashed. The petitioner is held entitled to be promoted from the date respondent No. 4 was promoted i.e. on the post of Accountant. The petitioner shall be entitled to all consequential benefits, such as arrears of salary on the promotional post, increments, seniority and any other benefits to which he would be entitled under the Rules. Let the consequential relief be granted to the petitioner within a period of three months of the receipt of a certified copy of this order. No costs." In compliance with the order passed by the Division Bench, the petitioner was adjusted as Accountant in the Market Committee, Jagraon (P-1). He was, however, transferred from Jagraon to Mullanpur. The petitioner has approached this Court with the grievance that once he has been absorbed in the cadre of Accountant at Jagraon, which was his original cadre, he cannot be uprooted and posted in another Market Committee because it is likely to prejudice his rights concerning seniority and pay etc. In that regard, reliance has been placed on the rules regulating the service conditions of the petitioner known as the Punjab Market Committees (Class III) Service Rules, 1989 (for brevity, 'the Rules').
(3.) THE stand taken by the respondents in the written statement is that the remedy of revision is available under Section 42 of the Punjab Agricultural Produce Markets Act, 1961 (for brevity, 'the Act'), which the petitioner has failed to avail and that the power to transfer the Accountant from one Market Committee to another has been conferred on the Chairman, as per Section 3(11) of the Act. On the aforementioned basis the action of the Chairman, Punjab State Agricultural Marketing Board, is sought to be defended. The respondents have also placed reliance on a Division Bench judgment of this Court rendered in the case of Roshan Lal v. The Punjab State Agricultural Marketing Board and others, (L.P.A. No. 1290 of 1992, decided on 19.4.1996).;