Nareshi Kumar and Others vs State of Punjab and Others

Augustine George Masih, J.—The petitioners have approached this Court, impugning the order dated 27.6.2011, Annexure P-9, vide which the claim of the petitioners for promotion to the posts of Mukaddams (Agriculture Sub Inspectors) stands rejected in the light of the fact that new statutory rules have come into effect from the year 2010. It is the contention of counsel for the petitioners that claim of the petitioners was required to be considered under the Punjab Subordinate Agricultural Service Rules, 1933 (hereinafter referred to as "1933 Rules") whereas the respondents have applied the new rules after repealing of 1933 Rules i.e. Punjab Agriculture Department (Field Staffs) Group C, Service Rules, 2010 (hereinafter referred to as "2010 Rules"). He contends that the claim of the petitioners for promotion is on the posts which became available prior to the coming into force of the new rules i.e. 2010 Rules, as the same became available under the promotional quota as per 1933 Rules, which has not been considered by the respondents. He contends that the petitioners, at this stage, would be satisfied if a direction is issued to the Director of Agriculture of Punjab, Chandigarh, respondent No. 2, to consider the claim of the petitioners as per 1933 Rules against the posts, which would fall vacant under the promotional quota prior to coming into force of the 2010 Rules and pass appropriate orders accordingly.

Counsel for the respondents submits that the promotional posts held by the candidates are already in excess of its quota and, therefore, the claim of the petitioners does not survive.

This contention of learned counsel for the respondents can not be accepted at this stage in the light of the fact that the petitioners are only pressing their claim against the posts, which became available under the 1933 Rules, which has to be now considered by Director of Agriculture of Punjab, Chandigarh, respondent No. 2, by passing appropriate orders. In view of the above, the present writ petition is disposed of with a direction to the Director of Agriculture of Punjab, Chandigarh, respondent No. 2, to consider the claim of the petitioners for promotion to the posts of Mukaddams (Agriculture Sub Inspectors) against the posts, which fell vacant in the quota of the promotees as per 1933 Rules till the new 2010 Rules came into force. This exercise be completed within a period of two months from the date of receipt of certified copy of this order.