SATNAM SINGH S K SINGAL Vs. PUNJAB AND HARYANA HIGH COURT:HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH

JUDGEMENT

(1.) High Court Establishment (Appointment and Conditions of Service) Rules, 1973 (for short the "Rules") were made by the Chief Justice of the High Court of Punjab and Haryana in exercise of powers conferred by Clause (2) of Article 229 read with Article 231 of the Constitution of India. By order dated March 18, 1974, the Chief Justice of the High Court made these rules applicable with effect from March 1, 1974; and the rule involving financial implications were referred to the Central Government through Chandigarh Administration for obtaining approval as required by the Proviso to Clause (2) of Article 229 of the Constitution. It was expressly mentioned in the order that "all new appointments made after March 1, 1974 have been regulated by the new rules". The Chief Justice also directed the office by the order dated April 19, 1974 to circulate the new rules to the entire staff and all concerned. Publication of rules in this manner was made and the rules, except those involving financial implications, came into force in actual working with effect from March 1, 1974. The circulation note dated April 24, 1974 of the Deputy Registrar, Administration clearly records this fact.

(2.) Rule 16 of the above Rules prescribed the quota for filling the posts of Assistants by specifying that 50% of the posts shall be filled by direct recruitment and the remaining 50% posts were to be filled by promotion from the clerks on the establishment of the Court. Rule 30 prescribed the method of determining seniority. These rules did not involve any financial implications and according to the aforesaid order of the Chief Justice of the High Court they were treated as effective from March 1, 1974.

(3.) A controversy has arisen about the date on which Rules 16 and 30 came into force because the rules involving financial implications are held to have come into force from a later date.