HARBANS LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Is Regulation 7 of the Punjab Naib Tehsildars Departmental Examination Regulations 1984 ultra vires Articles 14 and 16 of the Constitution? This is the short question that arises in these two petitions viz, Civil Writ Petitions No. 13306 of 1993 and 11044 of 1994. Learned counsel for the parties have referred to the facts in CWP No. 13306 of 1993. These may be briefly noticed

(2.) The petitioners were recruited as clerks in the office of the Deputy Commissioner during the years 1976 to 1978. They were subsequently promoted as Senior Assistants. The Senior Assistants working in a district can be posted as District Revenue Accountants, Sub Divisional Accountants, Assistant Sub Divisional Accountants, Tehsil Assistants or Readers to the SDM/District Magistrate. Persons working on the aforesaid posts are borne on a common seniority list. The persons holding the aforesaid posts are placed in the same scale of pay.

(3.) On May 16, 1984, the State of Punjab published the Rules called The Punjab Naib Tehsildars (Class-III) Service Rules, 1984. Under Rule 7, 50% posts of Naib Tehsildars had to be filled-up by promotion from amongst the officials working as District Kanungos, Senior Revenue, Accountants, District Revenue Accountants and Kanungos. Rule 24 authorises the Financial Commissioner to "make regulations consistent with these rules for carrying out the purposes of the provisions of these rules." In exercise of the power under Rule 24, the regulations were framed and published in the Punjab Gazette of June 21, 1984. Regulation 7 provides as under: