SURJIT SINGH Vs. SOM DUTT AND OTHERS

JUDGEMENT

(1.) THIS judgment will dispose of L.P.A. No. 211 of 1971, filed by Surjit Singh appellant, and L.P.A. No 246 of 1971, filed by the State of Punjab against one and the same judgment of the learned Single Judge dated 3rd March 1971.

(2.) IN order to appreciate the controversy between the parties brief facts may be given. Surjit Singh appellant in L.P.A. No. 211 of 1971 joined the public Relations Department of the Punjab Government as a Moharrir on 1st November 1944 and was confirmed as Assistant on 21st September 1959 Som Dutt writ -petitioner was confirmed as an Assistant in the same Department much later than Surjit Singh appellant and he was junior to the appellant by a few steps in seniority. On 1st April 1961, a temporary ex cadre post of Copy Writer was created in the grade of Rs. 250 -10 - -350 in the Public Relations Department, Punjab. Surjit Singh appellant was appointed against this ex -cadre post of Copy Writer on 18th July, 1961 after he having been selected by the Punjab Public Service Commission. The post of Copy Writer was made permanent with effect from 1st September, 1966 vide notification Annexure 'B' to the writ petition On 3rd September, 1963, Surjit Singh appellant wrote a letter to the Director, Public Relations, Punjab, that since he was the only incumbent working against the post of Copy Writer and the post having been made permanent therefore, he was likely to be confirmed. However, he pointed out that he should be confirmed against the post of Copy Writer without prejudice to his claim that might accrue to him by virtue of his being a substantive Assistant in the ministerial cadre. On 10th October, 1966, vide Annexure 'B' to the writ petition, Surjit Singh appellant was confirmed by the Director of Public Relations Department against the post of Copy Writer and the condition imposed by Surjit Singh that this confirmation should not prejudice his claim that might accrue to him by virtue of his being a substantive Assistant, was accepted by the Government. The said order is in the following terms: - -

(3.) ON 23rd May, 1968, one Jaswant Singh, who was working as Public Relation Officer, was reverted to his substantive post of Superintendent which necessitated the reversion of Surjit Singh from the post of Superintendent. The case of the appellant is that it was by the mistake of the Department that he was reverted on papers to the post of Copy Writer on 23rd May, 1968, but since Jaswant Singh proceeded on leave on the same day, that is, on 23rd May, 1968, Surjit Singh was promoted as Superintendent from the same date, that is, from 23rd May, 1968. Surjit Singh appellant continued to officiate as Superintendent in the leave vacancies of Tirath Singh and Jaswant Singh, when ultimately on 1st January, 1969, Tirath Singh, Superintendent, resumed his duties as Superintendent which necessitated the reversion of Surjit Singh. It may be pointed out that before he was reverted from the post of Superintendent, he wrote a letter to the Director, on 27th December, 1968 that in case he was to be reverted from the post of Superintendent, he should be reverted as Head Assistant and not as Copy Writer. It is worth mentioning that till 22nd November 1968 there was no channel of promotion from the post of Copy Writer. The Class III Rules of the Department referred to above, were amended in 1968 where a channel of promotion for the post of Copy Writer, which carried the grade of Rs. 250 - -10 - -350 was provided as follows: - -