ROSHAN LAL RANGILA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, we propose to dispose of Letter Patent Appeal Nos. 112 and 221 of 1996 as in both the appeals common questions of law and facts are involved. For disposal, facts have however been extracted from L.P.A. No. 112 of 1996.

(2.) Appellant, who was petitioner in Civil Writ Petition No. 11359 of 1994, sought writ in the nature of mandamus directing the respondents to appoint him to the post of Divisional Soil Conservation Officer (Class-I) pursuant to his selection made on the basis of advertisement dated July 18, 1987. He had initially joined as Sectional Officer in the year 1969 in the Soil Conservation Department. In the year 1976 he, after doing Bachelor in Agriculture Engineering, was promoted as Soil Conversation Inspector on April 9, 1976. In the year 1983 he was sent on deputation with the Pollution Board, Patiala, as Assistant Environmental Engineer/Environmental Engineer. He remained working in the Pollution Board till the year 1988 when he was sent again on deputation as Assistant Research Engineer at Regional Research Station, Bhatinda. He remained working there till 1990 when he came back to his parent department as Soil Conservation Officer. On June 30, 1994 he was promoted as Sub Divisional Soil Conservation Officer. In the year 1987, Punjab Service Commission, Punjab, advertised two posts of Divisional Soil Conservation Officer (Class-I). As the petitioner was fully qualified, he applied for the post under contention. He was called for interview and was selected alongwith Charanjit Singh and Harmel Singh. He was placed at Sr. No. 1 in the waiting list. Charanjit Singh, who was selected in pursuance of the advertisement issued in the year 1987 was, however, later appointed in the Punjab Remote Sensing Centre, PAU Campus, Ludhiana as Scientist 'SD' (Agriculture). He was, thus, permanently absorbed in the said department w.e.f. August 1, 1993. Petitioner, who, as mentioned above, was in the waiting list at No. 1, thus, became entitled to be appointed to the post which was otherwise to be occupied by Charanjit Singh. It may be mentioned at this stage that Harmel Singh, who too was selected pursuant to the same advertisement, reference whereof has been given above, had also filed Civil Writ Petition in this Court bearing No. 1081 of 1993, praying for appointment to the post of Divisional Soil Conservation Officer. It is during the pendency of that writ that the present writ petition also came to be filed. These two petitions were ordered to be heard together but were disposed of vide separate orders. It has further been pleaded in the writ that names of Charanjit Singh and Harmel Singh were recommended by the Public Service Commission for appointment to the posts but appointment letters to these persons were not issued for the reason that certain Divisional Soil Conservation Officers had filed Civil Writ Petition No. 4570 of 1979 seeking a direction that the post of Divisional Soil Conversation Officer should be filled as per the Punjab Agricultural Service Class I Rules, 1947 and the Punjab Soil Conservation and Engineering Service (Class-I) Rules, 1978. The writ petition aforesaid was decided on July 12, 1990 and the learned Single Judge directed the respondents not to fill the posts in pursuance of the advertisement issued in the year 1987 till the actual position regarding the manner of these posts was ascertained by the department. Because of these directions, respondents did not issue appointment letters to Charanjit Singh and Harmel Singh. It is thereafter that Charanjit Singh, as mentioned above, was appointed in the Punjab Remote Sensing Centre as Scientist. It is also the case of petitioner that being at Sr. No. 1 in the waiting list, he ought to have been appointed as one of the candidates had already left. There were two posts and the petitioner prayed for appointment against the second post. There were some posts of Divisional Soil Conservation Officer which were lying vacant with the respondents. The respondents had even later ascertained the position in the Cadre of Divisional Soil Conservation Officer and as per calculations, there were 16 posts, out of which as per 50:50 ratio, 8 posts were to be filled by promotion. There were four posts still left which could be filled by direct recruitment and one by promotion. By giving this statistic, it has further been averred that respondents could not take the plea that they had no post which could be filled. Even as per judgment rendered in C.W.P. 4570 of 1979 respondents were bound to fill the posts after ascertaining the same and now when the posts had been ascertained and four posts had still to be filled, there was no occasion for the respondents to deny the petitioner appointment against the post to which he was selected. On these broad facts, petitioner prayed for the relief, as mentioned in the earlier part of this judgment.

(3.) The cause of the petitioner was opposed by pleading that according to Rule 8 of the Punjab Soil Conversation and Engineering Service (Class-I) Rules, 1978, 50% posts of the Divisional Soil Conservation Officers were to be filled up by direct recruitment and the remaining 50% by promotion from amongst the Assistant Soil conversation Officers. Certain officers of the department, who had been promoted as Divisional Soil Conservation Officers on ad hoc basis, filed Civil Writ Petition No. 4570 of 1979 claiming that they were entitled to be regularised. Vide order dated November 28, 1987 a direction restraining the Commission from making any selection was issued. Interim directions, in one form or the other, continued and as a result, letters of appointment could not be issued during the pendency of the aforesaid writ petition. Finally, vide order dated July 12, 1990 writ petition was decided when a direction was issued that the vacancies of direct recruits as advertised through the impugned advertisement, should not be filled up on regular basis till the actual position regarding the number of posts was ascertained by the department after hearing the petitioners and private respondents. After examination of the matter, number of posts was determined. Simultaneously, a proposal regarding revision of pay scales and re- organisation of the department of Soil & Water Conservation was under consideration of the Government. The Government was also considering the proposal that posts of Divisional Soil Conservation Officers should be filled up by promotion only. These proposals were accepted by the Government on June 30, 1993 and it was decided to revise the pay scales w.e.f. January 1, 1991. By the order aforesaid, Governor of Punjab was pleased to accord sanction to the revision of pay scales of the officers of the Soil & Water Conservation and Waste Land Development Department w.e.f. January 1, 1981. It was further the case of the respondents that in view of the orders, referred to above, the posts of Divisional Soil Conservation Officer had to be given to Soil conservation Officer/Sub Divisional Soil Conservation Officer on completion of 18 years' service by way of promotion. The basic ground on which the relief asked for by the petitioner was contested and sought to be denied was, thus, that by virtue of an order passed in January, 1991, direct recruitment could not be made as the said channel of appointment became dry.