AJIT LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Briefly stated the facts are that the petitioner joined as Clerk in the office of Financial Commissioner, Punjab on 1.3.1961 and was promoted as Assistant in that office on 27.10.1992. He was appointed as Assistant (Technical) in the office of Legal Remembrancer, Govt. of Punjab on 20.9.1974 by transfer for doing the legal work on the legislative side. The appointment in the office of Legal Remembrancer was made on the basis of selection made by a Departmental Committee of senior officers headed by Legal Remembrancer. Petitioner was promoted as Legal Assistant on 20.5.1977 and was confirmed as such on 19.5.1979.

(2.) Shri Harbans Singh a member of Scheduled caste respondent No.3 (hereinafter referred to as respondent No.3) joined as Clerk in the office of Legal Remembrancer in June 1969 and was promoted as Assistant on .13.8.1974. He was appointed as Assistant (Technical) on 10.10.1975 and was promoted as Legal Assistant on 4.1.1980.

(3.) In the office of Legal Remembrancer, there are two kinds of posts of Assistants, i.e. technical posts for doing legislative and opinion work and non-technical posts for doing general work of establishment and accounts. The pay scales of the posts of Assistant whether technical or non technical is the same. Appointment to the post of Legal Assistant is made under the Punjab Law & Legislative Department Provincial Service Class-III Rules, 1951 as amended in 1976 (hereinafter referred to as the Service Rules). The post of Legal Assistant and Proof Reader can be filled up by promotion only from those Assistants who are Law Graduates and have an experience of working on the post of an Assistant involving legal work for a minimum period of two years. Rule 9 of the Service Rules for facility of reference is reproduced below :