JASBIR SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition is being decided along with C.W.Ps. Nos. 10344 of 1992 and 3408 of 1993 because one of the questions to be decided in all these cases is common.

(2.) Dr. Jasbir Singh Sandhu, Dr. Arvind Sharma and Dr. Vijay Katyal, who are petitioners in C.W.P. No. 15874 of 1992, joined service of the Government of Punjab in the Animal Husbandry Department on having been appointed in the Animal Husbandry Service between 1981 and 1983 after regular selection by the Punjab Public Service Commission (for short 'the Commission'). All the petitioners submitted applications for recruitment to the Punjab Animal Husbandry Service Class II posts, which were advertised by the Government of Punjab vide Annexures P-1. They were called upon to appear for interview on different dates fixed by the Commission. The interviews were scheduled to be held in August, 1991. However, a day before the actual interviews, the Commission intimated the petitioners regarding its decision to cancel the interviews and to stop the process of selection.

(3.) While the process of recruitment to the Punjab Animal Husbandry Class II Service was under contemplation a notification dated 15.2.1990 was issued by the Government of Punjab under Rule 3(H) of the Punjab Civil Service (Revised Pay) Rules, 1988 amending its earlier notification dated 20.1.1989. By this notification Part 'B' of the Second Schedule was amended and the posts of Deputy Directors, Assistant Directors, Senior Veterinary Officers and Veterinary Officers were placed in one pay-scale of Rs. 3,700-5,300. This notification was considered by a Division Bench of this Court in C.W.P. No. 7398 of 1990, Dr. Harinder Paul Singh and four others v. State of Punjab and others, in which a challenge was made to the action of the Commission and the Government in making direct recruitment to the three posts of Deputy Directors which were advertised by the Commission on 3.2.1990. Dr. Vijay Katyal (petitioner No. 3 herein) was one of the petitioners in C.W.P. No. 7398 of 1990. In that case the petitioners had claimed that after the issue of notification dated 15.2.1990 recruitment to the posts of Deputy Directors could not be made except by way of promotion. This argument did not find favour with this Court and the writ petition was dismissed on 9.8.1990. The Division Bench held that notification dated 15.2.1990 does not have the effect of modifying the Punjab Animal Husbandry (Class I) Service Rules, 1980 which provides for recruitment to the posts of Deputy Directors from two sources, namely, by direct recruitment and by promotion, in the ratio of 1/3rd : 2/3rd.