GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners were recruited as Computers in the Economic and Statistical Organization of the State of Punjab during the years 1965 to 1968. During the relevant period, the inter se seniority of the members of the service was to be determined separately for each of the section sown in appendix 'A' to the Punjab Economic and Statical Organisation (State Service Class III) Rules, 1963 (hereinafter referred to as the 1963 rules) and in the said appendix, Computors and Clerks were shown in the same section, i.e. Section-V. It has also been averred that by virtue of Rule 10, ibid, Computors and Clerks formed one cadres, they had a common seniority and the posts were treated as interchangeable by the department irrespective of the fact as to the post to which they had originally and actually been appointed. It appears that despite these facts, the department promoted certain persons junior to the petitioners to the post of Assistant on the ground that they were working as Clerks. This action of the respondents was challenged in Civil Writ Petition No. 4041 of 1979 which was disposed of on 20.12.1979 with the observation that as the amendment of the State Service Class III Rules of the department was under the consideration of the Government, a final decision of the promulgation of the amended rules was directed to be taken within four months from that date. Subsequent to the aforesaid order of the Court, respondent No. 1 published the new rules on 24.10.1980 called the Punjab Economic and Statistical Organisation (Class III Service) Rules, 1980, (hereinafter referred to as 'the 1980 Rules), Rule 10 of the 1980 Rules prescribed that the inter se seniority of the members of the service in each cadre would be determined by the length of continuous service on a post in that cadre of the service. The said Rules also provided for a separate cadre of Computors and Clerks. Note-2 of Rule 10 of the 1980 Rules which is the subject matter of interpretation between the parties now, is reproduced below :-

(2.) As already stated, the petitioners who had been appointed as Computors, are aggrieved specifically with the portion of Note-2 which has been underlined and quoted above, on the ground that whereas in the case of Computors opting for the cadre of Clerks, their experience as Clerk was to be counted from the date of option and any experience gained by them as Clerk before exercising the said option was also to be counted and the period spent on the post of Computer was to be ignored, in the case of Clerks who opted for the post of Computors, the period of service as Clerks prior to the option was also to be taken into account for determining the inter se seniority in that cadre of the service. The precise grievance of the petitioners is that as the Computors and Clerks constituted one cadre under the 1963 rules, the 1980 rules making distinction between the experience that was to be counted for inter se seniority, was invidious and hit by Article 14 of the Constitution of India.

(3.) In reply to the petition, the board facts have been admitted. It has been admitted that under the 1963 rules, Computors and Clerks constituted one cadre and they were liable to be transferred from one post to the other one the principle of inter-changeability, either on request or on administrative grounds upto October, 1974, when it was decided in the interest of work not to make such transfers. By way of justification it has been stated in para 15 of the reply to writ petition that Computors seldom performed the whole gamut of duties of clerical nature namely diarising, record-keeping, typing etc., and as such, on practical considerations, they needed to be segregated.