3 to 19 above Dr. Jagjit Singh and the, appellant in seniority.
Some of the respondents Nos.
The State Government and the Director of Health Services, Punjab thereupon preferred Letters Patent Appeal No.
But Dr. Jagjit Singh was senior to the appellant in the cadre of District Medical Officers of Health and it would, therefore, be unfair to him to ignore his claim and give promotion to the appellant who was his junior.
The State Government therefore, with a view to protecting his right of promotion by virtue of his parent seniority which companyld number be disturbed passed an order dated 24th July, 1965 granting absentia promotion to Dr. Jagjit Singh to the post of Assistant Director, with effect from 25th April, 1964 and since Dr. Jagjit Singh was on deputation with the Defence Department, the State Government, by the same order, promoted the appellant to, the post of Assistant Director with effect from the same date vice Dr. Jagjit Singh Dr. Jagjit Singh and the appellant were thus promoted to the posts of Assistant Director with retrospective effect from 25th April, 1964 and they were accordingly Assistant Directors on 15th July, 1964 when integration took place and were, therefore, equated and absorbed as such in PCMS Class I cadre.
3 to 19.
3 to 19.
3 to 19 until 23rd April, 1964 and respondents Nos.
Now at the time of integration Dr. Jagjit Singh belonged to the cadre of District Medical Officers of Health and the appellant, though working in the post of Assistant Director was number promoted to that post but was merely working in that post on his own pay scale, of District Medical Officer of Health and they would, therefore, have ordinarily been equated and absorbed in the integrated PCMS Class 11 cadre.
3 to 19 were shown as senior to Dr. Jagjit Singh and the appellant.
3 to 19 over Dr. Jagjit Singh and the appellant, filed a petition under Art.
This ground was accepted by the learned Single Judge who heard the petition and taking the view that Dr. Jagjit Singh and the appellant were senior to respondents Nos.
Appeal by Special Leave from the Judgment and order dated the 8th April, 1970 of the Punjab Haryana High Court in P.A. No.
3 to 19 also preferred separate letters Patent Appeal No.
So far as Dr. Jagjit Singh and the appellant are companycerned, Dr. Jagjit Singh was on deputation with the Defence Department, while the appellant was appointed to work in the post of Assistant Director Health Services on his own pay scale from 25th April, 1964.
3 to 19 were rightly shown as senior to Dr. Jagjit Singh and the appellant The learned Judges on this view allowed the appeal and upheld the provisional joint seniority list of, PCMS Class I showing respondents Nos.
The PCMS and Public Health Service were integrated with effect from 15th July, 1964 and companymon companybined cadres, both in Class I and Class 11, were created which were known as PCMS Class I and PCMS Class 11 cadres.
433 of 1969.
This was the position which obtained when PCMS and Public Health Service were integrated as part of the administrative reorganisation of the State Medical and Health Department with effect from 15th July, 1964.
The State Government companysidered the representation of the appellant and decided that the appellant should be given promotion to the post of Assistant Director with effect from 25th April, 1964.
624 of 1971.
R. Khanna and O. P. Sharma for Respondents Nos.
The appellant being aggrieved by the decision of the State Government giving seniority to respondents Nos.
That led to the filing of the present appeal with special leave obtained from this Court.
It appea rs that some posts in Class I of PCMS fell vacant and it was, therefore, decided to make promotions to these posts from amongst officers belonging to Class II of PCMS and an order dated 8th April, 1964 was accordingly issued by the State Government.
3 to 19 were until their promotion by an order dated 8th April, 1964, in Class II of PCMS.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Dr. Jagjit Singh was admittedly senior to the appellant in rank.
3 to 19 to Class 1, PCMS with immediate effect.
1 and 1.
The post of District Medical Officer of Health was a post in Class 11 of the Public Health Service, while the post of Assistant Director Health Services was a post in Class I of that Service.
This principle for determination of inter se seniority was companymunicated by the Director, Health Services, Punjab to the appellant in a letter dated 27th October, 1964.
Both services companyprised two classes, Class I and Class II, and each had its own separate ranking for seniority and channel of promotion.
Hardev Singh, R. S. Sodhi for Respondent No.
Though this order was made on 8th April, 1964, it companyld number be companyveyed to respondents Nos.
R. L. Iyengar, S. K. Mehta for the appellant.
The Judgment of the Court was delivered by BHAGWATI, J. This appeal raises the question whether the appellant has been given his proper rank in the joint seniority list of officers belonging to the Provincial Civil Medical Service, Class I after its reorganisation on 15th July, 1964.
promoting inter alia respondents Nos.
There were, in the State of Punjab prior to 15th July, 1964, two separate and independent services, namely, Provincial Civil Medical Service hereinafter for the sake of brevity referred to as PCMS and Public Health Service.
The appellant and one Dr. Jagjit Singh were, until their promotion with retrospective effect from 25th April, 1964, District Medical Officers of Health in Class II of Public Health Service.
446 of 1969 before a Division Bench of the High Court.
433/1969.
Both these Letters Patent Appeals were heard by a Division Bench of the High Court.
But the appellant made a representation to the St ate Government that since he was working in the post of Assistant Director, since 25th April, 1964, he should be promoted to that post with retrospective effect from that date.
3 to 19 in the companyresponding posts in PCMS Class I did number companymence until after 25th April, 1964 when they took charge of their respective posts and the companytinuous service put in by them was, therefore, longer in duration that that put in by respondents Nos.
3 to, 19 as their companytinuous service in the posts of Assistant Director companymenced from 25th April, 1964, while the companytinuous service of respondents Nos.
The cadre of District Medical Officers of Health, which companystituted Class 11 in Public Health Service was equated with PCMS Class 11 cadre, while the cadre of Assistant Directors and Deputy Directors, which companystituted Class I of Public Health Service, was equated with PCMS Class I cadre.
