AMARJIT SINGH AHLUWALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the erstwhile State of Punjab there were two services, namely, Public Health Service and Punjab Civil Medical Service with separate seniority. The petitioner joined the Public Health Department as a District Medical Officer of Health in 1953 and in due course was promoted as Assistant Director, Health Services, Punjab, with effect from April 25, 1964. The posts of Assistant Director and Deputy Directors in the Punjab Health Service were class I posts in the grade of Rs. 750-1250. The grade of the posts of Punjab Civil Medical Service class I was also the same, that is, Rs. 750-1250. In the return it has been pointed out that up to January 31, 1968 the grade of Assistant Directors was Rs. 750-50-1250, while the grade of the Deputy Directors was Rs. 1300-1600 but it is admitted that both the posts are in P.C.M.S. Class I. These grades have now been revised as Rs. 850-1250 and Rs. 1800-2000 (consolidated) respectively, with effect from February 1, 1968.

(2.) In 1964, the Punjab Government decided to integrate these two cadres, Public Health and Medical Services, and to constitute a single cadre with a common seniority. According to the principles of integration, the District Medical Officers of Health who belonged to class II Service were to be integrated with P.C.M.S. Class II of the Medical Service and Assistant Directors and Deputy Directors of Pubic Health, being Class I Officers, were to be equated with P.C.M.S. Class I Officers. A common seniority roll was to be prepared of Class I Public Health Officers and P.C.M.C. Class I Officers. In pursuance of that decision, the Secretary to Government, Punjab, Medical and Health Department, respondent 1, issued a letter dated October 25, 1965 to the Director of Health Services, Punjab communicating the Government decisions regarding the integration of Deputy Directors and Assistant Directors on the Public Health cadre in P.C.M.S. Class I. On the basis of that letter, the Director of Health Services, Punjab, respondent 2, issued a letter to the petitioner dated October 27, 1965 inviting option from him. A copy of that letter is Annexure 'A-I' to the writ petition. Similar letters were issued to other officers concerned. In para 2 of this letter, conditions of service have been mentioned and the relevant portion reads as under :-

(3.) The Government prepared two seniority lists as a result of the integration of the Public Health and Medical Services as effected under the scheme of re-organisation. These lists were circulated to the members of the P.C.M.S. Class II as were called previously. Objections were invited from the officers before finalising the seniority lists. One seniority list related to the P.C.M.S. Class II and the other to the P.C.M.S. Class I. In the joint seniority list of P.C.M.S. Class (Men and Women) and Public Health Officers, the name of the petitioner appeared at No. 71 while the name of Dr. J.R. Kashettry appeared at No. 37 and that of Dr. R.D. Nar at No. 38. The petitioner made a representation against the provisions seniority list and sent it to respondent on February 22, 1966 in which he maintained that according to the principle laid down for fixing the seniority, he should have been placed below Dr. J.R. Kashettry and above Dr. R.D. Nar. It was pointed out that the date of appointment of Dr. R.D. Nar to the P.C.M.S. Class I was May 8, 1964 and the dates of appointments of respondents 4 to 19 were also later than April 25, 1964. The petitioner was working against the post of Assistant Director, Health Services, in his own scale of pay from April 25, 1964 and therefore, he was promoted retrospectively from that date by order dated July 24, 1965. The integration of the cadres of Medical and Health services took place with effect from July 15, 1964. The representation of the petitioner was rejected on the ground that respondents 3 to 19 had been rightly placed above the petitioner because their date of appointment was April 8, 1964 and their length of continuous service had been determined with effect from that date irrespective of the fact that they joined their posts in P.C.M.S. Class I after April 25, 1964. The petitioner then filed the present writ petition in this Court on August 1, 1968 which was admitted the following day.