PIARE LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal, on a certificate of fitness granted under Article 133 (1) (c) of the Constitution, is directed against a judgment of the High Court of Punjab and Haryana dismissing a petition filed by the appellant under Article 226 of the Constitution. The question which arises for consideration in this appeal is a narrow one, but in order to decide it, it is. necessary to state a few facts giving rise to the appeal.

(2.) The appellant was an officer in the State Police Service in the erstwhile State of Patiala and East Punjab States Union and he was appointed to the Indian Police Service with effect from 8th December, 1952. He was promoted to the senior time scale of the Indian Police Service with effect from 6th March, 1955 and subsequently confirmed in that time scale with effect from 8th March, 1956. He was thus a confirmed officer in the Senior Time Scale of the Indian Police Service on 1st November, 1958 when, by reason of the provisions of the States Reorganisation Act, l956, the State of Patiala and East Punjab States Union merged in the new State of Punjab to form a larger State. On the formation of the new State of Punjab, a combined gradation list of officers in the Senior Time Scale of the Indian Police Service was prepared and published by the Government of India. It appears that prior to 1960 certain officers, who were junior to the appellant according to this gradation list, were promoted to Selection Grade posts in preference to the appellant. The appellant made representations to the State Government against his supersession by junior officers and presumably in view of these representations, the appellant was promoted to the post of Deputy Inspector General of Police in May 1960. This was, however, an officiating promotion and on 11th September, 1960 the appellant was reverted as no vacancy in the post of Deputy Inspector General of Police was available in which he could be continued.

(3.) Thereafter verious orders were made by the State Government from time to time promoting officers junior to the appellant to the Selection Grade posts as also to the posts of Deputy Inspector General of Police in supersession of the appellant. These orders of promotion were made on different dates between 1st December, 1962 and 18th October, 1965. The principle which was followed by the State Government in making these promotions was that set out in the Circular dated 16th May, 1957 addressed by the Ministry of Home Affairs, Government of India to the State Governments. That principle was that for the purpose of making selection to the Selection Grade Posts and the selection posts, officers, who are eligible, should be classified into three categories, namely, 'outstanding, 'very good' and 'good', on the basis of merit and their names should be placed in a selection list in the order of these three categories without disturbing their infer se seniority within each category and promotion should be made according to the order of merit in the selection list. The result of adopting this principle was that seniority was completely ignored as a relevant principle and promotions were made on the bests of merit alone. Appellant and other superseded officers alleged that this principle for making selections was wholly inapplicable but it was deliberately adopted at the instance of Pratap Singh Kairon, the then Chief Minister with a view to giving undue preference to one Ranjit Singh, who was a brother-in-law of Surender Singh, son of Pratap Singh Kairon and wreaking vengeance against some of the superseded officers who were not prepared to oblige Pratap Singh Kairon. There were also other allegations of nepotism and favouritism against Pratap Singh Kairon in the matter of promotions and supersessions. Therefore, when the regime of Pratap Singh Kairon came to an end on 5-7-1964, the State Government constituted an Establishment Board on 12th August, 1964 for the purpose of looking into cases of undeserved promotions, supersessions and victimisation amongst the employees of the State Government during the regime of Pratap Singh Kairon from 5th July, 1959 to 5th July, 1964. The appellant made a representation against his supersession by his junior officers on 10th August, 1964 and on the Constitution of the Establishment Board this representation was forwarded to it for its consideration. The appellant also submitted a supplementary representation dated 29th August, 1964 directly to the Establishment Board. In the meantime, however, as already pointed out above, further promotions continued to be made to the Selection Grade posts as also to the posts of Deputy Inspector General of Police and in these promotions too the appellant was superseded by officers junior to him. The appellant, therefore, filed a petition in the High Court of Punjab and Haryana on 29th November, 1965 under Article 226 of the Constitution challenging the validity of the various orders passed by the State Government promoting officers junior to the appellant to the Selection Grade posts and to the posts of Deputy Inspector General of Police from and after 1st December, 1982.