RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Aggrieved by the recommendations of the Departmental Promotion Committee held on 14-1-1998 and consequential promotion of respondent No. 3 as Deputy Director (Health Services), the appellant filed a writ petition in the High Court mainly on the ground that the promotee-respondent did not possess the requisite qualifications under the Service Rules applicable in the case. Relying upon the notification dated 9th April, 1989 which treated PCMS Class II as PCMS Class I, the High Court dismissed the writ petition observing that for the purpose of treating the PCMS Class II as PCMS Class I, there was no necessity of amending the Rules. The High Court, however, held that Rule 9-A of the Rules applicable in the case provided that for the post of Deputy Director, a person should be member of Class I at least for a period of 10 years.

(3.) It is not disputed that service conditions of the appellant and respondent No. 3 are govrerned by the statutory rules made in exercise of the powers conferred upon the Government under Art. 309 of the Constitution which are known as Punjab Civil Medical (State Service Class I) Rules, 1972 (hereinafter referred to as "PCMS Class I Rules"). Rule 9 deals with the matters of recruitment and provides that recruitment to any post in service excepting the post of Director (Health Services), Joint Director (Health Services) and Dy. Director (Health Services) be made in the manner prescribed therein. Rule 9-A dealing with the appointment to the senior posts provides :