MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) - The petitioner had joined as an Inspector in the Department of Food and Supplies, Punjab, on 11th June, 1977. He was selected for appointment as a Tehsildar in the State of Punjab as a direct recruit and issued appointment letter on 30th June, 1986. He was relieved from the Food and Supplies Department on 24th July, 1986 (A.N.) and Joined as Tehsildar on 25th July, 1986 (F.N.). Vide order dated 17th May, 1990 (Annexure P.6), the petitioner was confirmed as a Tehsildar. However, it was mentioned in the order that the exact date of confirmation would be notified in due course. The petitioner in this case is staking his claim of being considered for nomination for appointment to the P.C.S. (Executive Branch), which is governed by the Punjab Civil Service (Executive Branch) (Class I) Rules. 1976 (hereinafter called the Rules). The claim of the petitioner has been denied by the respondents primarily on the ground that according to the amended Rule 9(5) of the Rules, which amendment was brought on 4th April, 1990, the petitioner is not eligible for being considered for nomination.

(2.) Rule 7 of the Rules, lays down that appointment to the Service is to be made from amongst the accepted candidates whose names have been duly entered in accordance with the Rules in the registers of accepted candidates to be maintained under the Rules. Various Registers are maintained under the Rules, in which are entered the names of candidates from various categories from which the 4 appointments are made to the P.C.S. (Executive Branch). For ready refer Rule 8 of the Rules, for maintaining various registers, is quoted below : "Registers to be maintained. Rule 8. The following Registers of accepted candidates shall be maintained by the Chief Secretary to Government, Punjab, Namely :

(3.) The petitioner is staking his claim to be brought on Register A-1, for which procedure is envisaged by Rule 9 of the Rules, which reads as follows : "Selection of Candidates for Register A-I.