MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) We have heard learned councel for the parties. Special leave granted.

(2.) The appeal is against the Judgment and order dated 14th January 1992 by the High Court of Panjab and Haryana in Civil Writ Petition No.541 of 1992 dismissing appellant's writ petition in limine. We are afraid the dismissal of the writ petition was not justified in view of the antecedent litigation between the parties Culminating in an earlier Judgment dated 2nd December 1991 of the High Court in writ petition No. 5728 of 1991 which had declared appellant's elligibility for consideration for selection to the Punjab Civil Service (Executive Branch)(Class-I) Service from the feeder-cadres of Tehsildar and Niab Tehsildar. By the same Judgment, the High Court had held - correctly or erroneously is not the question here - that in considering the case of the appellant for such selection, the relevant standards and criteria were those that obtained at the time the vacancies arose and not the amended standards that came into force subsequently on the 4th April 1990. In coming to that conclusion, the High Court had placed reliance upon the pronouncement of this Court in Y.V. Rangaiah v. J. Srinivasa Rao, AIR 1983 SC 852. The decision of the High Court dated 2nd December 1991, not having been appealed against had assumed finality betwen the parties and became binding on the respondents.

(3.) Pursuantly, in obedience to that order of the High Court the Financial Commissioner (Revenue) was required to consider afresh the case of the appellant for selection to Class-I Service and determine appellant's suitability for inclusion in the Select-List in terms of that Judgment. It would appear that at the time the apellant's case (supra) was consiered afresh, the Financial Commisioner applied the ameded criteria and held the appellant unsuitable. The Financial Commissioner, accordingly, by his order dated 17th December 1991 rejected the case of appellant. Aggrieved by this decision, appellant aproached the High Court again in the present Writ Petition No. 541 of 1992 from the order of dismissal of which this appeal arises. As stated earlier the writ petition was dismissed in limine.