RAM GOPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, the petitioners have impugned the final seniority list of Assistants working in the department of Directorate of Employment, Punjab dated 13.1.83 (Annexure P-8) wherein they have been shown junior to respondents No. 3 to 11.

(2.) The petitioners were selected by the Punjab Subordinate Services Selection Board and appointed on the posts of Clerks. The service conditions of the petitioners as well as the respondents are governed by the Punjab Employment Department (State Service-Class III) Rules, 1964 (hereinafter referred to as the 1964 rules). Further promotion from the post of Clerk is to the post of Assistant. Rules 10(1)(h), 10(1)(i) and 10(1)(j) provide that in the Directorate of Employment, an Assistant working in the Employment Exchange having three years experience on the post of Assistant in the Employment Exchange can be promoted as Assistant. It also provides that 33-1/3 per cent of the posts shall be filled by the direct recruitment. Rule 10(1)(j) provides for promotion to the post of Assistant in the Employment Exchange from amongst clerks and steno-typists having three years experience as Clerk. Here it is provided that 50 per cent of the post shall be filled by direct recruitment. Without any amendment in the rules, by executive order, the posts of Assistant earlier carrying the pay scale 116-250, 106-200 were merged into unified cadre of Assistant carrying the pay scale of Rs. 160-400. The unification was made on the recommendation of the pay Commission w.e.f. 1.1.68. The posts of Assistants in accordance with the earlier practice continued to be filled, 66-2/3 per cent by promotion and 33-1/3 per cent by direct recruits. All the petitioners fulfilled the qualifications for being appointed by promotion on the post of Assistants. By identical orders, all the petitioners were temporarily promoted on the posts of Assistants on the following dates :- <FRM>JUDGEMENT_208_LAWS(P&H)7_2001(1).html</FRM>

(3.) Although the petitioners have been working continuously on the posts of Assistants from the dates mentioned above. Their promotions were regularised by order dated 3.4.1979 w.e.f. 12.3.1979. In the meantime, a requisition had been sent for direct recruitment on nine posts in the year 1975. The Subordinate Services Selection Board made the recommendation for appointment of the respondents by way of the direct recruitment in its letter dated 19.7.1978. They were, however, regularly appointed with effect from the following dates :- <FRM>JUDGEMENT_208_LAWS(P&H)7_2001(2).html</FRM>