STATE OF PUNJAB Vs. K S THIND

JUDGEMENT

(1.) These two Letters Patent Appeals (Nos. 515 and 627 of 1989) are being disposed of by this judgment as they arise out of one and the same judgment dated 6.2.1989, passed by A.L. Bahri, J. (as he then was), a learned Single Judge of this Court, delivered in Civil Writ Petition No. 977 of 1987 and involve common discussion of facts and law. The judgment is being delivered in LPA No. 515/1989.

(2.) The factual matrix of the case may briefly be narrated as under :-

(3.) The posts in the PCMS Class-I in the year 1968 were governed by the rules called P.C.M.S. Class I (Recruitment and Conditions of Service) Rules, 1940 (hereinafter to be referred as "the Rules of 1940"). Rule 3, inter alia, of the Rules of 1940 provided that all appointments to the service shall be made by Government on the advice of the Commission from time to time as required. Rule 4 thereof prescribed, "No person shall be appointed a member of the Service unless he :-