Amarjit Chaudhary, J. - (1.) The petitioners were working as Senior Assistants in the Punjab State Cooperative Supply and Marketing Federation Limited, Chandigarh, (hereinafter to be referred as 'Markfed') in the year 1973. They were promoted as Selection Grade Senior Assistants with effect from Nov. 2, 1973. Respondents Nos. 3 and 4 were also considered but were not promoted. They were later on promoted in the year 1979. Thereafter some posts of Superintendents were created which were to be filled up from amongst the Senior Assistants on the basis of merit-cum-seniority, and who were Graduate having 12 years' experience as Senior Assistant. The Administrative Committee promoted amongst others respondents Nos. 4 on June 4, 1980 and respondent No. 3 also vide order dated 9.1.1981 with retrospective effect from 4.6.1980. The petitioners represented against the promotion of respondents Nos. 3 and 4. Respondent No. 2 Markfed referred the matter to the Registrar, Cooperative Societies, under Rule 1.9 of the Markfed Common Cadre Rules, seeking an interpretation of Rule 2.3(a) as to whether a Senior Assistant (Selection Grade) was a promotion post or not. The Registrar, Cooperative Societies, clarified the position in his letter dated Aug. 5, 1980 and held that the Selection Grade of a Senior Assistant was a sort of promotion and that the Selection Grade Senior Assistant who had been promoted as such had formed a distinct cadre. The said letter was also subsequently confirmed by letters dated 20.2.1981 and 13.1.1982. Consequent upon this, the Markfed issued a show-cause notice to respondents Nos. 3 and 4 asking why they should not be reverted to the post of Senior Assistant Selection Grade with effect from 4.6.1980, in view of the superior claim of the petitioners. Respondents Nos. 3 and 4 instead of replying the show-cause notice, filed an appeal before the Additional Registrar, Cooperative Societies praying for the quashing of impugned action taken by the Administrative Committee. The Additional Registrar accepted the appeal of respondents Nos. 3 and 4 holding that respondents Nos. 3 and 4 were rightly promoted from the post of Senior Assistant to the post of Superintendent in accordance with the Rules. Now the petitioners challenge the impugned order of the Additional Registrar (Admn.)- respondent No. 1 (Copy Annexure P.6), on the ground that the impugned order is unjust, arbitrary and violative of the provisions of Rules contained in the Markfed Common Cadre Rules, 1967 and violative of the directions and instructions issued by the Registrar.
(2.) The learned counsel for the petitioner contends that the order of the Additional Registrar is against the directions issued by the Registrar. According to the clarification and interpretation given by the Registrar, the Senior Assistant Selection Grade is a promotion post as Selection Grade Senior Assistant cannot be relegated in seniority and integrated with Senior Assistant in ordinary time-scale of pay under the existing rules. Learned counsel contends that respondent No. 1 has wrongly interpreted the provisions of the Rules by saying that grant of selection grade cannot be termed as promotion, which is contrary to the view of the Registrar and cannot be sustained in the eye of law. The counsel has vehemently contended that once the interpretation was given by the Registrar, it was binding upon the parties under the Rules and the respondents, instead of filing the reply to the show-cause notice, had no legal right to file appeal.
(3.) On the contrary, Mr. R.S. Mongia, Sr. Advocate, learned counsel for respondents 3 and 4, contends that there was no post of Superintendent per Rules in the Bye-laws in the common cadre Rules and the said post was created in the meeting of the Board which was presided over by the Administrator who is also the Registrar of the Cooperative Societies. Learned counsel contends that mere grant of Selection Grade is not a promotion. In support of this plea, he has relied upon a Supreme Court decision in Shri Lalit Mohan Deb and others Vs. Union of India and others, 1972 SLR 411.;