HARPINDER PAL SINGH Vs. RAJIV PRASHAR

JUDGEMENT

(1.) This batch of appeals arise out of a common judgment in 21 Letters Patent Appeals dated (LPA No.7 of 2007 etc.) dated 21.7.2009 of the High Court of Punjab & Haryana.

(2.) The basic facts are that the writ petition came to be filed before the High Court challenging the decision of State of Punjab to fill up 7 posts of Punjab Civil Service (Executive Branch) (Class-I) under the Punjab Civil Service (Executive Branch) Rules, 1976 by a process otherwise than normally contemplated under the Rules. However, Rule 28 of the said Rules authorises the State Government to relax any of the provision of the Rules with respect to any class or category of persons for reasons to be recorded. Exercising such power, the Council of Minister of State of Punjab by Proceedings dated 06/3/1993 and 21/2/1994 resolved to fill up 7 of the above mentioned posts by a process other than one required to be followed in the normal circumstances in terms of the above mentioned Rules.

(3.) The reason which prompted the above mentioned Cabinet decisions dated 06/03/1993 and 21/2/1994 are that seven (named) persons who were in the service of State of Punjab were killed because of the violence by certain extremist elements at that point of time. In view of such a situation, the State had given a commitment to the families of the deceased that some eligible member of the family of the deceased would be provided with employment in the Punjab Civil Service (Executive Branch) (Class-I). Honouring its commitment given earlier, the decisions dated 06/03/1993 and 21/2/1994 were taken. Consequently, all the seven appointees (respondents in the instant appeals) were appointed on various dates in the years 1993 and 1994. Challenging the said decision of the Government of Punjab and consequent appointment orders of the respondents, writ petition came to be filed before the High Court which eventually culminated in the impugned judgment herein.