JAGTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal, by special leave, from the judgment of the High Court of Punjab and Haryana dismissing Civil Writ No. 3321/1970 filed by the appellants praying for a direction to implement Clause 4 of the directive of the Union Government dated April 18, 1965, issued under Section 117 of the States Reorganisation Act and allowing the writ petitions filed by the third respondent and others praying for an order quashing the final integrated gradation list published on March, 11, 1966, in so far as it concerned Clerks and that issued on March 20, 1970, in so far as it concerned Assistant/Head Clerk of the Cooperative Department of the State of Punjab.

(2.) In view of the impending merger of the two States of Punjab and Pepsu with effect from November 1, 1956, it was decided on October 26, 1956, by the Joint Integration Council that the offices of the Deputy Registrars of Co-operative Societies, Pepsu area, will form a separate division on the basis of the pattern obtaining in Punjab. In the erstwhile Punjab State, the staff of the Senior and Junior Clerks in the offices of the Deputy Registrars and Assistant Registrars including Camp Clerks to Inspectors and Sub-Inspectors were placed on divisional cadre December, 1949, by an order of the Governor of Punjab and there were two such divisions in Punjab viz., Ambala and Jullundur and the rules applicable to the service were the Punjab Cooperative Subordinate Service Rules, 1936. The result was that after the appointed day i.e. November 1, 1956, the staff of Junior and Senior Clerks of each of the three divisions of the composite state of Punjab continued to be organised as a separate cadre and the officers serving in the office of the Registrar of Co-operative Societies formed a different cadre. In the light of certain observations of the Subordinate Judge, Jullundur, in the judgment dated August 2, 1957, on the basis of a suit filed by some of the Clerks of the Office of the Registrar of Co-operative Societies, the Government of Punjab decided

(3.) The final integrated gradation list published on March 11, 1966, showed the ranks of all personnel from Clerks to Superintendents as on 1-11-1956. Soon after, a joint seniority list of Assistants/Head Clerks as on March 1, 1966, depicting the position in the promoted rank, was issued by the Government of Punjab on May 20, 1966. The correctness of this list was challenged in C. W. No. 1821/1966 before the High Court:the prayer in the writ petition was for an order or direction to implement the directive of the Government of India dated April 18, 1965. On the basis of the concession by the Registrar of Co-operative Societies. Punjab, that the seniority will be modified in accordance with final gradation list, the writ petition was disposed of. Thereafter a tentative joint seniority list of Head Clerks and Assistants was circulated for objections. After considering the objections, the final joint seniority list was issued on March 20, 1970.