It was clarified by the Financial Commissioner in the order dated 7.8.1985 that the case of the writ petitioners would be companysidered in the light of the eligibility under the relevant rule, that is to say, the amended Rule 5.
The appellants companytinued in the ministerial cadre, Ram Saran as Assistant and O.P. Singhla as Superintendent.
The writ petitions were, therefore, filed challenging the promotion of the appellant mainly on the ground that on the basis of their seniority and lien on the post in the ministerial cadre, the writ petitioners had a right to be companysidered for promotion to the post of Excise and Taxation Officers prior to the appellants.
The companytention of the appellants as well as the State was that though the lien of the writ petitioners in the ministerial cadre was suspended in terms of Rule 3.14 b of the Punjab Civil Service Rules, if the petitioners wanted that they should be companysidered for the post of Excise and Taxation Officers on the basis of their lien in the ministerial cadre, they may seek reversion and thereafter their case would be companysidered on merits and under rules.
The eligibility prescribed under the said rule for promotion from amongst Superintendents etc.
Thereafter Class III A Rules became redundant and inoperative and under Class II Rules became redundant and inoperative and under Class II Rules, there was numberprovision for promotion from subordinate staff direct as Excise and Taxation Officers.
in the ministerial service includes experience of working as such for a period of five years.
From the Judgment and Order dated 8.8.1990 of the Punjab Haryana High Court in L.P.A. Nos.
The members of the service shall be recruited in the following manner, namely a. xxx xxx xxx In the case of an Excise and Taxation Officer by promotion from amongst the Taxation Inspectors and Excise Inspectors who have an experience of working as such for a minimum period of five years or by promotion from amongst the Superintendents, Assistant, Accountants and Senior Scale Stenographers working in the Excise and Taxation Commissioners Head Office and in the Divisional and District Offices of the Department of Excise and Taxation, Punjab, It was further provided that there will be certain quota for each of the above categories for promotion to the rank of Excise and Taxation Officers.
The Judgment of the Court was deliverd by FATHIMA BEEVI, J. Special leave granted.
L. Singhi, J.K. Sibal and Ms. Kamini Jaiswal for the Respondents.
P. Rao, J. Lal, Ms. Yasmin Tarapore, S.K. Bagga and M. Nayar for the Appellants.
The writ petitioners felt that if the service rendered by them as Excise and Taxation Inspectors was number being companysidered as service rendered in the ministerial cadre, they would be ineligible for companysideration to the post of Excise and Taxation Officers.
Under Class III A Rules, subordinate staff was eligible for promotion to the extent of 50 of the vacancies of Assistant Excise and Taxation Officers and their shares were as under Taxation Inspector 25 Excise Inspector 12 1/2 Ministerial Staff Head Office 6 1/4 Ministerial Staff Sub Office 6 1/4 The appellants as well as the writ petitioners joined the ministerial cadre of the Excise and Taxation Department as Clerks and were companyfirmed as such.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
On such transfer as Excise Taxation Inspectors, the lien of the writ petitioners was suspended in accordance with the provisions of Rule 3.14 b of the Punjab Civil Services Rules Volume I Part I .
The writ petitioners were promoted to the higher post and later appointed as Excise Taxation Inspectors in 1971 72 by transfers under Rule 7 a ii of the Punjab Excise Subordinate Service Rules, 1943.
The Excise and Taxation Department was reorganised on 18th May, 1977.
945 47 of 1991.
We shall hereinafter refer the companytesting respondents Ram Saran and O.P. Singhla as the appellants and writ petitioners as the petitioners for the sake of companyvenience.
The writ petitioners having been transferred to the other cadres of Excise Taxation Inspectors have companytinued there for 14/15 years beyond and period of probation and also qualified the departmental test for Inspectors and they were number companysidered for the promotion as Excise and Taxtion Officers.
Under the Class II Rules, appointment to the cadre of Excise and Taxation Officers was made a by direct recruitment to the extent of 50 and b by promotion from amongst Assistant Excise and Taxation Officers to the extent of 50.
These Civil Appeals arise from the companymon judgment dated 8.8.1990 of the High Court of Punjab and Haryana dismissing Letters Patent Apeals against the judgment dated 12.2.1986 of the single Judge allowing writ petitions filed under Articles 226 and 227 of the Constitution of India.
In the Punjab Excise Taxation Department, there were two separate and distinct cadres known as Assistant Excise and Taxation Officers governed under the Punjab Excise and Taxation Department State Service Class III A Rules, 1956 hereinafter referred to as Class III A Rules and the Excise and Taxation Officers governed by the Punjab Excise and Taxation Department State Service Class II Rules.
Civil Appeals arising out of S.L.P. C Nos.
14471 73 of 1990 are filed by the State of Punjab and Civil Appeals arising out of S.L.P. C Nos.
The cadre of Assistant Excise and Taxation Officers was abolished on 18th May, 1977 and the Assistant Excise and Taxation Officers were redesignated as Excise and Taxation Officers.
The State Government decided to adopt and apply the draft provision of Rule 5 in the matter of filling up of the vacancies in the carde of Excise Taxation Officers before rules companyld be formally promulgated.
The learned single Judge accepted the companytention of the writ petitioners that there was numberconscious decision to apply the draft rules and companysequently for the post of Excise and Taxation Officer, the writ petitioners are entitled to be companysidered without any bar of eligibility as their juniors had already been companysidered for the post.
14236 38 of 1990 are filed by Ram Saran and O.P. Singhla, the respondents in the writ petitions.
Thus on 22.8.1983, Ram Saran and O.P. Singhla were promoted as Excise Taxation Officers.
266, 267 and 268 of 1986.
The Government in order to provide avenues of promotion to the subordinate staff decided to make suitable amendment to the Class II Rules on the following terms Rule 5.
