- (1.) Special leave granted.
(2.) These civil appeals arise from the common judgment dated 8/08/1990 of the High court of Punjab and Haryana dismissing Letters Patent Appeals against the judgment dated February 12, 1986 of the Single Judge allowing writ petitions filed under Articles 226 and 227 of the Constitution of India. 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. 14236-38 of 1990 are Filed by Ram Saran and O. P. Singhia, the respondents in the writ petitions. We shall hereinafter refer the contesting respondents Ram Saran and O. P. Singhia as 'the appellants' and writ petitioners as 'the petitioners' for the sake of convenience.
(3.) In the Punjab Excise and 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. 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 per cent and (6 by promotion from amongst Assistant Excise and Taxation Officers to the extent of 50 per cent. Under Class III-A Rules, subordinate staff was eligible for promotion to the extent of 50 per cent of the vacancies of Assistant Excise and Taxation Officers and their shares were as under:;