Khanna, J. - (1.) This appeal by special leave by the State of Haryana is directed against the judgment of Punjab and Haryana High Court whereby petition under Articles 226 and 227 of the Constitution of India filed by Das Raj Sangar respondent was allowed and order dated July 13, 1972 of the Haryana Government abolishing the post of Panchayati Raj Election Officer and terminating the services of the said respondent was quashed.
(2.) Des Raj Sangar respondent (hereinafter referred to as the respondent) joined service as a clerk in the Panchayat Department of the then Punjab Government in 1942. The respondent was in due course promoted and confirmed as Head Assistant. In 1961 while the respondent was officiating as a Superintendent in the Panchayat Department, he was appointed Officer on Special Duty (Elections). The post of Officer on Special Duty (Elections) was an ex-cadre post, while that of Superintendent was included in the cadre. With effect from November 1, 1961 the post of Officer on Special Duty was re-designated as Panchayati Raj Election Officer. The responent held the post of Panchayati Raj Election Officer temporarily till 1964 when that post was made permanent. The respondent was confirmed as Panchayati Raj Election Officer with effect from September 19, 1964. The decision to confirm the respondent was taken with a view to ensure the lien of the respondent on that post as the respondent had been selected by the Government of India as Gram Panchayat Officer in the Indian Aid Mission Nepal. An undertaking was also obtained from the respondent at the time he was confirmed that this would not affect the seniority of B. N. Sharma, who was senior to the respondent and who was then holding the temporary post of Planning Officer. On the reorganization of the erstwhile State of Punjab with effect from November 1, 1966 the post of Planning Officer held by B. N. Sharma was allocated to the State of Punjab while that of Panchayati Raj Election Officer held by the respondent was allocated to the State of Haryana. From November 1, 1966 till April 16, 1971 the respondent worked as Planning-cum-Panchayati Raj Election Officer in the Panchayat Department of Haryana Government. On April 16, 1971 the Haryana Government created eight temporary posts of Deputy Directors in the Panchayat Department in the pay scale of Rs.400-1100. The psot of the respondent was also re-designated as Deputy Director Panchayat with effect from April 16, 1971. A notification was subsequently issued on May 13, 1971 superseding the earlier notification and the respondent's post was again designated as that of Planning-cum-Panchayati Raj Election Officer. On the same day instead of the eight temporary posts of Deputy Directors, nine posts of Deputy Directors were created. Two of those Deputy Directors were to be posted at the head-quarters, one to deal with land development work and the other to deal with legal work, while seven of the Deputy Directors were to work in the field. These seven posts of Deputy Directors meant for the field work were subsequently abolished. Another post of Officer on Special Duty (Planning) in the grade of Rs.400-800 was created in October 1971. A. N. Kapur, who was junior to the respondent but who had been confirmed as Superintendent, was appointed Officer on Special Duty (Planning). On April 13, 1972 the impugned order was made and the same reads as under: The Governor of Haryana is pleased to order that in view of the extreme financial stringency the permanent post of the Panchyayati Raj Election Officer in the Panchayat Department, Haryana in the scale of Rs.400-40-1000/50-1100 should be abolished with immediate effect. 2. Consequent upon the abolition of the post of the Panchyati Raj Election Officer the Governor of Haryana is further pleased to order that the Services of Shri Des Raj Sanagar who is holding the post of the Panchyati Raj Election Officer in a substantive permanent capacity should be dispensed with immediate effect. He should relinquish the charge of his post immediately. He is allowed three months' emoluments i.e. pay and allowances as gratuity in lieu of three months' notice in accordance with the provisions of Rule 5.9 of the Civil Services Rules Volume II. He shall be entitled to pension/gratuity in accordance with the rules in Chapter VI of the Civil Services Rules Volume II, as amended from time to time, but the pension shall not be payable for the period in respect of which he has been allowed gratuity in lieu of three months' notice. J.S Sarohia Chandigarh Secretary to Govt. Dated; 13th Haryana, Development July ,1972 and Panchayat Department."
(3.) The respondent in his petition while assailling the impugned order levelled allegations of mala fide against Shri Shyam Chand then Minister Development and Panchayats. Haryana but the said allegations were not pressed at the time of arguments. Following two contentions were advanced on behalf of the respondent; (1) The impugned order dated July 13,1972 abolishing the post of Planning-cum-Panchayati Raj Election Officer held by the respondent and the consequent termination of his services was arbitrary and had no reasonable nexus with the object sought to be achieved, namely. meeting the financial stringency. The impugned order was stated to be violative of Articles 14 and 16 of the Constitution inasmuch as the respondent who was at all times selected for higher posts and got promotions from the lower posts in the cadre was being thrown out of the job on the pretext of the abolition of the post permanently held by him, whereas persons junior to him in rank and less meritorious were retained in service. (2) In view of the provisions of Rule 3.14 and other relevant rules of Punjab Civil Services Rules the moment the post held by the respondent was abolished his lien got revived on the post of Head Assistant which he had held substantively before his promotion to the ex-cadre post and therefore his services could not be terminated and he was in any case entitled to the admittedly existing post of Head Assistant.;