D N SUDHIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) There has been going on a see-saw battle between the petitioner- -Shri D.N. Sudhir (who for the sake of convenience will hereinafter be referred to as 'Sudhir') and respondent No. 5 Shri K.K.Khanna (who too will be referred to as 'Khanna') in regard to their inter se seniority and this judgment will dispose of two writ petitions Nos. 2919 of 1980 & 3948 of 1982 filed by them and also another Civil Writ Petition No.1787 of 1983.

(2.) In October, 1957, the Chief Secretary to Govt. Punjab, issued instructions on behalf of the State Govt. prescribing an Assistant Grade Examination for promotion from the post of a Clerk to the post of an Assistant. This examination to begin with was introduced for the employees in the Punjab Civil Secretariat and since this system of promotion through a qualifying test worked satisfactorily, the State Govt. decided that a similar qualifying test be forthwith introduced in other departments as well for the purposes of promotion from Clerks to Assistants. This decision of the State Government was also contained in the Punjab Govt. letter dated October 23, 1957. Thereafter, the Chief Secretary, Government Punjab, issued a letter dated September 5, 1958 to all the Heads of Departments, the Registrar, Punjab High Court, Commissioners of Ambala, Patiala, and Jallundur Divisions, the District & Sessions Judges and the Deputy Commissioners in Punjab, which reads as under:-

(3.) In pursuance of the directions issued by the Chief Secretary, the then Home Secretary to Government Punjab being the Administrative Secretary of the Home Guards Department issued instructions vide his letter dated March 6, 1959 laying down conditions of service of the employees of the Home Guards Department wherein the Clerks eligible for promotion to the post of Assistant were required to pass a qualifying test as required by the Punjab Government in its letter dated October 23, 1957. It was made clear in the letter that in case Clerks working in the Directorate did not fulfil the conditions or qualify the test, recruitment to the post of Assistants could be made by importing qualified persons from other Departments/Secretariat. It is the admitted position that there have never been any statutory rules governing the service conditions of the employees of the Home Guards Department.