KARTAR SINGH RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner in this writ petition under Article 226 of the Constitution of India is Dr. K. S. Rai. The petition was originally presented on 13th September, 1968, and was admitted on the 16th September, 1966. The respondents to the petition were (1) State of Punjab and (2) Dr. K. Moti Singh, Officiating Director Health service, Punjab, Chandigarh. The prayer was for the issuance of an appropriate writ, direction or order quashing the orders of the Government (Respondent No. 1)dated the 1st of January, 1966, abolishing the post of Deputy Director, Research and Medical Education (hereinafter referred to as, D. D. R. M. E.) reverting the petitioner to the post of Professor, Forensic Medicine as also the order of the government dated the 27th/ 29th April, 1966, appointing Respondent No. 2 to the newly created post of Additional Director of Health Services and for a direction to the Government to consider the case of the petitioner for appointment to the latter post and for consequent promotion. On the 22nd of August, 1966, Respondent No. 2 was appointed substantively to the post of Director of Health Services, Punjab (hereinafter referred to as D. H. S.) and the petition was allowed to be amended. The amended petition dated the 3rd of October, 1966, challenged the substantive appointment of Respondent No. 2 to the post of D. H. S. also.

(2.) BOTH the respondents have submitted written statements opposing the petition and numerous affidavits by one or other of the parties have been allowed to be placed on the record from time to time with the result that the record has become quite bulky. There is, however, little dispute about the facts. The petitioner was (see Annexure R. 2/17) appointed in officiating capacity in the Punjab Civil Medical service II (hereinafter referred to as P. C. M. S. II) on the 15th February, 1949, and was confirmed in that Service on the 15th February, 1951. There was also provincial Civil Medical Service I and the departmental head of both these services was the Director of Health Services. These cadres provided the personnel both for medical education and general medical services in the State. In the year 1959 for the first time a separate directorate for Research and Medical Education was created and Dr. Tulsi Dass was appointed as the first Director, Research and medical Education in the grade of Rs. 2500-3000 p. m. The post of Deputy Director, research and Medical Education was created in the year 1961 and by order of the punjab Government dated the 4th January, 1962, (An-nexure R. 2/5) Dr. Dipak bhatia, Chief Medical Officer, Chandigarh, who according to the final gradation list of P. C. M. S. Class I and II as published in the notification dated the 7th december, 1963, issued by the Integration Department (copy Annexure R. 27 4)was shown at Serial No. 1, was appointed to that post in the scale of Rs. 1500-601800/ 75-2100 plus a non-practising allowance of Rs. 400 p. m. Respondent No. 2 was at No. 9 of the Joint Seniority List mentioned above. The grade of D. H. S. was at that time only Rs. 1800-100-2000. Dr. Jagdish Singh was holding charge of the post of D. H. S. until his death on the 25th December 1962. Respondent No. 2, who was then officiating as Deputy Director (Medical Health Services) in the scale of Rs. 1300-50-1500 was, vide Annexure R. 2/15 dated the 31st December, 1962, appointed to hold the current charge of the duties of the post of Director, Health services, Punjab, pending filling of that vacancy on a permanent basis. Dr. Dipak bhatia, on the 14th February, 1963, was appointed as permanent D. H. S. relieving Respondent No. 2 of the current charge. On the 29th March, 1963 (vide copy Annexure I), the teaching cadre of the medical colleges ot the State was separated from the general cadre of the P. C. M. S. though P. C. M. S. officers were eligible for being appointed to the teaching cadre also. In this teaching cadre, the revised grade of the Associate Professors was Rs. 800-50-1400 and the petitioner in the year 1963 was working as Associate Professor in the Medical college, Patiala.

(3.) CONSEQUENT on the appointment of Dr. Bhatia as D. H. S. , the post of D. D. R. M. E. fell vacant and by order of the Governor of Punjab dated the 24th August, 1963 (Annexure III) the petitioner was appointed against the vacant post as officer on Special Duty at Chandigarh in his existing scale of pay. A copy of the punjab Government letter (Annexure IV) shows that the petitioner was holding charge as Officer on Special Duty and the post of D. D. R. M. E. was held in abeyance. It was eventually decided to advertise the post of D. D. R, M. E. through the Punjab Public Service Commission and the advertisement in that connection is Annexure A. 1, According to the advertisement, this was a special post in Class I and was temporarily sanctioned up to 28th February, 1964, but was likely to be retained on permanent basis eventually. It was to be made pensionable if made permanent and the period of probation of the selected incumbent was to be two years. It was further stated in the advertisement that the incumbent might be considered for the post of D. R. M. E. Punjab on merits along with others in due course if and when such post fell vacant. Another condition was that the services of the incumbent could be terminated on one month's notice on either ride till the incumbent was confirmed. The pay was Rs. 1500-60-1800/75-2100 and the essential qualifications were as follows: