LAWS(SC)-2009-7-61

PRABHJOT SINGH MAND Vs. BHAGWANT SINGH

Decided On July 29, 2009
PRABHJOT SINGH MAND Appellant
V/S
BHAGWANT SINGH Respondents

JUDGEMENT

(1.) This appeal is directed against an interim order dated 25th March, 2008 passed by a learned single Judge of the Punjab and Haryana High Court whereby and whereunder while issuing notice of motion, the reversion of the first respondent was stayed.

(2.) The matter has a chequered career. The dispute involved in the present appeals revolves round the seniority between the direct recruits and the promotees. Indisputably, the conditions of service of the employees hereto are governed by the Punjab Civil Services (Executive Branch) Rules, 1976. It repealed and replaced the Rules framed in the year 1930. By reason of 1930 Rules, 68% slots were fixed in the roster for direct recruits. Rule 18 of 1976 Rules, however, provided for 50% of the slots to be filled by direct recruits.

(3.) The State sent requisition to the Punjab Public Service Commission for filling up the vacancies of 48 officers; 24 by direct recruitment through examination and 24 by nominating officers from the existing services to Punjab Civil Services (PCS). Advertisements were issued by the State of Punjab for direct recruitment to the PCS.