TUHI RAM SHARMA Vs. PRITHVI SINGH

JUDGEMENT

(1.) THE relevant facts leading to the filing of these four connected appeals under Clause 10 of the Letters Patent against the judgment of a learned Single Judge of this Court allowing two writ petitions and setting aside the order appointing Tuhi Ram Sharma appellant as District Agricultural Officer in the Haryana Agricultural Service Class II may first be surveyed.

(2.) TUHI Ram Sharma (hereinafter referred to Sharma for the sake of brevity) joined service as Agricultural Inspector in the State of Punjab before the partition of the country in 1945. On the partition of the country, he was allocated to the State of East Punjab. Teja Singh, Bhalle Ram and Prithvi Singh joined as Agricultural Inspectors in the Department of Agriculture on different dates between 1950 and 1958. In 1959, Sharma was confirmed and Agricultural Inspector. On May 20, 1961, he was appointed against a temporary post of Block Development of Panchayat Officer in the Development Department of the State. By order Annexure 'a' to Civil Writ 967 of 1969, Sharma was made substantive permanent Block Department and Panchayat Officer with effect from April 1, 1964, the date from which that post had become permanent. From a document which has been filed before us in these appeals, and which was not before the learned Single Judge (Annexure P. 1 attached to Civil Miscellaneous 4749 of 1970), it appears that the Governor of Haryana de-confirmed Sharma as Block Development and Panchayat Officer with effect from February 26, 1969, at his own request. The factum of such de-confirmation without disclosing the date of the order had no doubt been mentioned earlier in paragraph 7 of the return of the State. On March 20, 1969, the Governor of Haryana promoted Sharma (described as "agricultural Inspector, now working as Block Development of Panchayat Officer") temporarily as District Agricultural Officer in the Haryana Agricultural Service Class II "subject to the approval of the Haryana Public Service Commission" posted him at Rohtak resulting in the revision of Prithvi Singh who was working against the post of District Agricultural Officer at Naranaul to the post of Agricultural Inspector, as he was the junior most temporary District Agricultural Officer. A copy of the memorandum, dated March, 20, 1969, from the Financial Commissioner Revenue and Secretary to the Government of Haryana in the Agricultural Department to the Director of Agriculture, Haryana, Chandigarh communicating the order of the Governor of Haryana, is Annexure 'b' to the writ petitions. It was this order of promotion of Sharma from his supposed post of Agricultural Inspector to the post of District Agricultural Officer which was impugned by Prithvi Singh (who had been reverted in consequent of the impugned order) in Civil Writ 967 of 1969, and be Bhalle Ram and Teja Singh in Civil Writ 831 of 1969. As same questions of law had been raised in both the petitions, those were allowed by the common judgment of B. R. Tuli, J. , dated January 30, 1970, on two grounds viz (i) the impugned promotion had been made in violation of the mandatory requirements of Rule 7 of the Haryana Agricultural Service Class II, Rules, 1947 (hereinafter called the 1947 Rules) which required appointment being made tot he service by promotion "by selection on the advice of Haryana Public Service Commission", inasmuch as Sharma had been promoted without obtaining the advice of the Commissioner which had to be taken before the selection for promotion was made, and not after having promoted Sharma; and (ii) in view of the binding earlier Division Bench judgment of this Court in Labhu Ram v. The State of Punjab, 1968 Ser LR 319 (Punj) it was held that Sharma had on his confirmation as Block Development and Panchayat Officer on October 28, 1966 (with effect from April 1, 1964, vide Annexure 'a') in the Development Department of the Haryana State, ceased to be a member of the Haryana Agricultural Service from which post alone he could have been promoted to the post in question, and his lien on the pose of Agricultural Inspector automatically stood terminated under R. 3. 12 of the Punjab Civil Services Rules, Vol. I. Part 1.

(3.) THE learned Single Judge made observations in his judgment to the effect that but for the earlier Division Bench judgment, he would have been inclined to hold in favour of Tuhi Ram Sharma on the second point mentioned above.