High Court Punjab-Haryana High Court

Megh Raj vs The State Of Punjab & Ors on 25 February, 2009

Punjab-Haryana High Court
Megh Raj vs The State Of Punjab & Ors on 25 February, 2009
C.W.P.No.6542 of 2007 (O&M)                              1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                               C.W.P.No.6542 of 2007 (O&M)
                               Date of Decision : 25.2.2009

Megh Raj                                          ...Petitioner

                   Versus

The State of Punjab & Ors.                        ...Respondents

CORAM: HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE HEMANT GUPTA

Present: Mr. D.V.Sharma, Sr. Advocate, with
Ms. Mamta Rana, Advocate,
for the petitioners, in CWP Nos.6542 of 2007
and 6543 of 2007.

Mr. A.K.Chopra, Sr. Advocate, with
M/s R.D.Bawa, Randhir Bawa,
C.S.Rana, Samuel Gill and
Ms. Ratna Shri, Advocates for the petitioner,
in CWP Nos.6857 of 2007 and 686 of 2008.

Ms. Reeta Kohli, Addl. AG, Punjab,
for respondent-State of Punjab.

Mr. Rajiv Raina, Advocate.

Mr. Gurminder Singh, Advocate.

Mr. Akshay Bhan, Advocate.

Ms. Geeta Singhwal, Advocate,
for Union of India.

Mr. N.S.Virk, Advocate,
for UPSC.

T.S.Thakur, C.J. (ORAL)

This order shall dispose of Civil Writ Petitions No.6542 of

2007, 6543 of 2007, 6857 of 2007 and 686 of 2008, which raise common

questions of law, touching the legality of the seniority-list finalized and

circulated by the State Government by its orders dated 4.4.2007 and
C.W.P.No.6542 of 2007 (O&M) 2

13.4.2007 respectively. The dispute primarily relates to the

determination of inter se seniority between direct recruits and promotees

appointed by a process of nomination and selection. The petitioners, who

happen to be promotee officers, appointed by nomination from various

Registers, maintained under the Punjab Civil Services Rules, are

dissatisfied with the norms adopted for determination of their inter se

seniority vis-a vis. the respondents, who happen to be direct recruits. The

dispute and the resultant litigation has a chequered history. It all started

as early as on 18.3.1993, when a final seniority list of Officers appointed

upto the year 1985 was finalized and circulated by the Government. The

petitioner-promotee officers were in that list and the list that was

circulated subsequently on 1.7.1994 regarding direct recruits of 1986

batch, placed above the respondent-direct recruits. Aggrieved by the said

placement the direct recruits filed Civil Writ Petition No.16516 of 1995,

inter alia, contending that the determination of the seniority ought to be

strictly as per the roster provided in Rules 18 and 21 of Punjab Civil

Services (Executive Branch), Rules, 1976. The said writ petition was

dismissed by a Single Bench of this Court by an order dated 8.12.1999,

holding that Rule 18 of the Rules mentioned above, only provided for the

roster for appointment and did not regulate the fixation of the seniority.

The learned Single Judge noted that the seniority of those appointed

under the said Rules was to be determined by reference to Rule 21 of the

Rules having regard to the date of appointment, which implied the date of

actual appointment and not necessarily the order in which appointments

were made under Rule 18.

Dissatisfied with the view taken by the learned Single Judge,
C.W.P.No.6542 of 2007 (O&M) 3

the direct recruits preferred LPA No.1705 of 2000 which failed and was

dismissed by a Division Bench of this Court by order dated 12.12.2000.

Against the said order, the direct recruits filed an appeal before the

Hon’ble Supreme Court by way of Special Leave Petition (C.A.No.6373

of 2001 titled Arvinder Singh Bains Vs. State of Punjab), which was

eventually disposed of by an order dated 24.5.2006. After a review of the

case law on the subject as also the service Rules regulating the service

conditions of those in Punjab Civil Services their Lordships came to the

conclusion that the seniority of Officers recruited to the service from

different Registers had to be determined as per the order prescribed in

Rule 18 read with Rule 21 of the Punjab Civil Services (Executive

Branch) Class-I, Rules 1976. This would, declared their Lordships,

imply that the seniority will have to be as per the Roster allocated to each

Register maintained under the said Rules. Having said so, the seniority-

lists earlier circulated by the Government were set aside and the matter

remitted back to the Government for preparation of a composite fresh

seniority-list assigning positions to the direct recruits and the promotees

with consequential benefits, keeping in view the observations made in the

judgment.

In obedience to the directions issued by the Hon’ble Apex

Court, the State Government issued a tentative seniority list dated

15.12.2006 in which it placed the direct recruits and the promotees as per

the Roster points stipulated under Rule 18 of the Rules mentioned above.

The petitioners, so also others were dissatisfied with that placement, to

which they filed objections, which were examined by the Government but

turned down by an order dated 4.4.2007 culminating in the circulation of
C.W.P.No.6542 of 2007 (O&M) 4

final seniority list on 13.4.2007 impugned in the present petitions.

We have heard learned counsel for the parties at a

considerable length and perused the record.

Several contentions were urged by learned counsel appearing

for the parties in support of their respective cases. It is, however,

unnecessary for us to either, refer to the said contentions or to deal with

the same on merits. We say so because in the course of their submissions

learned counsel for the petitioners argued that the petitioners were due to

retire within a period of less than 2 years or so and that since their

reversion had been stayed in terms of the order passed by this Court, as

modified by their Lordships of the Hon’ble Supreme Court, they would be

satisfied, if they were allowed to continue so long as there are vacancies

available in the Indian Administrative Service of Punjab Cadre. It was

pointed out that while Sh. Surjit Singh, petitioner, in Civil writ petition

No. 6543 of 2007 would be superannuating on 31.7.2009, Sh. Megh Raj,

petitioner, in Civil Writ Petition No. 6542 of 2007 would be

superannuating on 31.7.2010. Similarly Sh. Bhagwant Singh, petitioner,

in Civil Writ Petition No.6857 of 2007 would be superannuating on

31.11.2010 while Sh. Khushi Ram, petitioner, in Civil Writ Petition

No.686 of 2008 on 31.1.2011. It was submitted that this Court had on

15.10.2007 while admitting Civil Writ Petition No.6542 of 2007 directed

that the selection process could go on but the petitioner in that case shall

not be reverted till further orders. Similar orders were passed in the

remaining writ petitions also from time to time. Pursuant to the said

orders and with a view to continuing the selection process the Union

Public Service Commission had convened a meeting on 25.2.2008 to
C.W.P.No.6542 of 2007 (O&M) 5

make selections to the Indian Administrative Service Punjab Cadre and

selected six candidates found suitable for appointment. The interim

orders issued by this Court were, however, modified by this Court by

order dated 3.4.2008 to the effect that since six respondents had been

selected for appointment to the Indian Administrative Service, the

continuance of the petitioners against the posts held by them shall not

affect their appointments against the available vacancies in the Cadre.

In the meantime, certain proceedings were instituted against

the selection of the direct recruits even before the Central Administrative

Tribunal in which certain interim orders were passed, which orders were

then assailed by the petitioners in this Court. Certain interim directions

protecting the petitioners against reversion in the said cases were also

issued by this Court. Against all these directions the respondents-direct

recruits preferred Special Leave Petitions before the Hon’ble Supreme

Court in which their Lordships passed an order on 22.10.2008 to the

following effect:

“The appeals are allowed, modifying the impugned orders of

the High Court to the following extent :

(a) That portion of the impugned orders whereby and

whereunder the High Court has stayed the reversion of the

writ petitioners, who are respondents in these appeals, shall

stand vacated. However, they shall be adjusted against any

of the 12 vacancies which are stated to be existing and in

respect of which steps are being taken to send requisition to

the Union of India for making appointment. The writ

petitioners-respondents will be entitled to continue against
C.W.P.No.6542 of 2007 (O&M) 6

these vacancies only till appointment against those

vacancies is notified by the Union of India.

(b) The appellants before us must be appointed to the cadre

of IAS in terms of the seniority list dated 4.4.2007.

(c) The above directions shall, however, be subject to the

ultimate result of the writ petitions which are pending before

the High Court.

We in exercise of our jurisdiction under Article 142 of the

Constitution of India, further direct the State of Punjab to

send the requisition for filling up all the above mentioned 12

vacancies in the cadre of IAS, to the Union of India and the

Union Public Service Commission, as expeditiously as

possible and preferably within a period of three weeks from

today. Both Union of India and Union Public Service

Commission are hereby directed to consider the requisition

sent by the State of Punjab in respect of the aforementioned

12 vacancies as expeditiously as possible and preferably

within a period of 16 weeks from the date of communication

of the requisition.

We would request the High Court to consider the

desirability of disposing of the pending writ petitions as

expeditiously as possible, preferably within a period of three

weeks from today.”

It is not in dispute that on account of the above protection

granted to the petitioners each one of them has been allowed to continue

in the Cadre against the vacancies within the quota meant for the
C.W.P.No.6542 of 2007 (O&M) 7

promotees. It is in the back-drop of the above facts argued on behalf of

the petitioners that although the process of selection and appointment

against vacancies currently held by the petitioners has been initiated and

is in progress, even if those selected on the basis of the said process are

appointed, the petitioners can still be allowed to continue against other

vacancies which have already become available or may become available

within the quota meant for the promotees or direct recruits. It was

submitted that the continuance of the petitioners would not cause any

inconvenience, hardship or prejudice to any one eligible for appointment

against such vacancies as this Court could make it clear that their

continuance would not prevent the authorities from initiating the process

of selection with regard to such vacancies or making appointments

against the same. It was urged that since the petitioners have given the

best years of their lives to the Civil Service and had been promoted to the

Indian Administrative Service of Punjab Cadre on the basis of a seniority

list which may not have found favour with the Hon’ble Supreme Court,

the least that could be done was to allow them to retire without suffering

the ignominy of being reverted to the lower cadre. The petitioners were

on those terms willing to accept the impugned list to be valid and

withdraw their challenge to the same.

On behalf of the respondents, it was on the other hand,

submitted that while vacancies keep occurring and the process of

appointment against the same is a continuing process, the limited prayer

made by the petitioners could be considered, subject to the condition that

their continuance would not in any manner prevent the authorities from

selecting suitable candidates against any such vacancies or making
C.W.P.No.6542 of 2007 (O&M) 8

appointments based on such selection. It was submitted that if at any

stage the number of vacancies available were less than the number of

petitioners, who may be allowed to continue by this Court, the junior-

most person holding any such post would have to vacate. So also in case

all or any of the vacancies available at any given point of time have to be

filled up by making suitable selections or appointments from the relevant

sources, the petitioners should have no grievance against such

appointments.

We have given our careful consideration to the submissions

made at the bar. The challenge to the impugned seniority list is on the

statement made by learned counsel for the petitioners, abandoned by the

petitioners. This need not necessarily imply that the petitioners must

suffer reversion or superannuation from service so long as their

continuance is otherwise possible without causing any prejudice to any

one else. That is the purport of the orders passed by their Lordships also

no matter only as an interim measure. So long as there are vacancies

available in the cadre against which the petitioners can be continued,

there is no reason why they must be reverted especially when they are so

close to superannuation. The continuance of the petitioners against the

available vacancies or vacancies that may occur in future shall however

be subject to the specific condition that such continuance will not prevent

the authorities from initiating the process of selection of suitable

candidates entitled to appointment against any such vacancies, nor shall it

prevent the authorities from making appropriate appointment of the

selected candidates in which event the petitioners or such of them as are

holding the post meant for any such selected candidate shall have to
C.W.P.No.6542 of 2007 (O&M) 9

superannuate from service as they have already crossed the age of

superannuation under the Punjab Civil Services Rules. We also make it

clear that the continuance of the petitioners against the available

vacancies shall only be for the purposes of preventing their immediate

exit from service and shall not be interpreted to have resulted in or earned

any other benefit for them, which they would not otherwise be entitled to

in terms of the seniority list now finalized except the right to receive the

current emoluments admissible to that post. The writ petitions are with

the above directions disposed of. This order shall not be taken as a

precedent. All the pending CMs shall stand disposed of in terms of this

order. No costs.




                                            (T.S.THAKUR)
                                            CHIEF JUSTICE



25.2.2009                                 (HEMANT GUPTA)
Vimal                                         JUDGE