THE STATE OF HARYANA Vs. SHAMSHER JANG SHUKLA

JUDGEMENT

(1.) THIS judgment will dispose of three regular second appeals, State of Haryana v. Shamsher Jang Shukla, (R.S.A.. No.357 of 1967), State of Punjab v. Rachhpal Singh (R.S.A. No. 359 of 1967) and State of Punjab v. Sucharan Singh (R.S.A. No. 418 of 1967), the common question involved in all of these being whether the rules of service can be amended by administrative instructions to include a qualification test for the promotion of clerks to Assistants? While the respondent in R.S.A. No. 357 of 1967, Shamsher Jang Shukla is an employee of the Civil Secretariat Haryana, Rachhpal Singh and Sucharan Singh, the respondents in the other two appeals, are employed in the Punjab Public Service Commission Patiala.

(2.) ALL the three respondents were initially appointed in the Patiala and East Punjab States Union and though it is not clear from the pleadings in the three cases that they were governed by the Pepsu Service Rules, this has been the basis of the arguments addressed on their behalf in the Courts below and also before us. According to the State Governments of Haryana and Punjab, these employees are governed after the integration of Punjab and Pepsu by the relevant Rules prevailing in Punjab. In the view we have taken, this matter would not be of much consequence as even according to the Punjab Rules the respondents, in our opinion, are entitled to succeed.

(3.) IT has been stated at the Bar that there are many other appeals pending in this Court on the same questions but not being complete these have not been placed for disposal alongwith these three appeals which were heard together, the arguments in all the three being common.