ASHOK KUMAR GULATI Vs. PUNJAB HOUSING DEVELOPMENT BOARD

JUDGEMENT

(1.) These petitions are being decided by a common order because the issues of fact and the principal question of law that arise for determination by the Court are common to both the cases.

(2.) The petitioners were initially appointed on the posts of Junior Accountants (later on redesignated as Senior Assistant - Accounts) in the service of the erstwhile Punjab Housing Development Board (hereinafter referred to as 'the Board'). Vide order dated 20.4.1993 passed by the Housing Development Commissioner, they were promoted as Section Officer (Works) (earlier known as Senior Auditor) on ad hoc basis subject to the passing of the departmental/S.A.S. examination. They have filed C.W.P. No. 15776 of 1994 to challenge the legality and correctness of the order dated 7.9.1994 issued by the Housing Development Commissioner of the Board declaring that as per note 4 of Rule 4.9 of the Punjab Civil Services Rules, Volume-I, Part-I, the Section Officer (Works) promoted provisionally or on ad hoc basis would be granted annual increment only from the date of their passing the test. In C.W.P. No. 78 of 1995, the petitioners have prayed for quashing the order dated 22.12.1994 issued by the Housing Commissioner reverting them from the posts of Section Officer (Works) to those of Senior Assistant (Accounts).

(3.) In order to appreciate the grievance of the petitioners in a correct perspective, it will be useful to notice the various orders and resolutions passed by the Board and the grounds on which they have challenged the orders dated 7.9.1994 and 22.12.1994.