17/57/66 SR S Government of India Ministry of Home Affairs.
Respondents 3 6 who were junior to the petitioners as Assistants, but who had been appointed as Assistant Section Officers were promoted as Superintendents.
Yours faithfully, Sd B. Shukla Deputy Secretary to the Government of India.
The promotions were quashed by the Punjab High Court in Roshan Lal Sharmas 1966 Ct.
The appellant filed a writ petition challenging the promotion of respondents 3 6.
Shri Hardev Singh, learned companynsel for the appellant argued that the guarantee given to the appellant by Sections 115 7 and 117 of the States Reorganisation Act had been violated in the case by the creation of the posts of Assistant Section Officers and by the provision for their promotion to the posts of Superintendents in the Punjab Civil Secretariat State Services Class II .
Manohar Singh, Sardar Singh, D. Justin and Prithipal Singh Chawala, respondents 3 to 6 were also Assistants in .
By an order dated March 14, 1961, the Government expressly provided that the seniority of those appointed as Assistant Section Officers in their numbermal lines as Assistants will remain unchanged and that their promotion as Deputy Superintendents Superintendents will be governed by their seniority as Assistants.
After seeking some clarification from the State Government, the Government of India wrote to the State Government as follows No.
There need be numberobjection from the point of view of the Central Government to this proposal, so long as every Assistant in the final seniority list, as approved by the Central Government, is given an opportunity, in order of his seniority, to companypete for promotion to the post of Assistant Section Officer, and, to the extent prescribed by the State Government, for direct promotion to the post of Section Officer.
The State of Punjab thereupon thought fit to amend the Punjab Civil Secretariat State Services Class II by introducing a new Rule 8 I a i in the place of the old Rule 8 I a i which was as follows By promotion from amongst Assistant Section Officers and such Deputy Superintendents, Assistants in charge and Assistants as are member of the Punjab Civil Secretariat State Service Class III with minimum experience of one year as a Deputy Superintendent or a total experience of ten years as an Assistant.
Sub Integration of Services in Punjab Rules for promotion to the post of Superintendent Provision for promotion of Assistant Section Officers Approval of the Central Government under the S.R. ACT, 1956.
To The Chief Secretary to Government of Punjab, Secretariat Administration, Chandigarh.
ASO E 3636 67/10360 dated the 5th April, 1967, on the subject numbered above, I am directed to say that the Government of India are hardly companycerned with the question of giving permission sanction in the matter of promotion of individual Assistant Section Officers to the post of Superintendent, in the manner laid down in the rules number promulgated by the State Government.
New Delhi 1, the 20th May, 1967.
Sir, With reference to the companyrespondence resting with your letter No.
The appellant either did number appear at the examination or was number successful at the examination.
All of them were working as Assistants on November 1, 1956 when companysequent on the States Reorganisation Act, the former States of Punjab and PEPSU were merged into one State.
The appellant obtained special leave from this companyrt and that is how the matter has number companye before us for final disposal.
The writ petition was allowed by a learned single judge, but on appeal, the judgment of the learned single judge was reversed by a Division Bench of the Punjab High Court.
Even so some Assistant Section Officers were promoted as Superintendents without reference to their seniority as Assistants.
So far as the question of according approval prospectively to the proposal of the State Government to interpose an intermediate cadre called the Assistants Section Officers cadre between the cadre of Assistants and the cadre of Superintendents in the State Governments Secretariat is companycerned, I am to point out that the proposal is within the companypetence of the State Government.
the Punjab Civil Secretariat, but were junior to the appellant.
Chinnappa Reddy, J. Bakhshish Singh, the appellant, was appointed an Assistant in the Punjab Civil Secretariat on December 7, 1948 and was companyfirmed on September 1, 1956.
