- (1.) JUDGMENT :- IN SLP (C) NOS. 8221-82 AND 10357/96. Mr. R. C. Verma, learned counsel seeks permission to withdraw these petitions. They are accordingly dismissed as withdrawn. IN CA NOS. 923-984/97 @ SLP (C) NOS. 4151, 4694 AND 4702-4761/96 :
(2.) APPLICATION for intervention is allowed. Leave granted. We have heard learned counsel on both sides. These appeals by special leave arise from the Division Bench judgment of the Punjab and Haryana High Court, made on 20/12/1995 in CWP No. 6816 of 1995 and batch.
(3.) THE admitted facts are that the posts of Canal Patwaris in the Irrigation Department of the State of Haryana are Class III posts in the State service. Earlier, they were called Irrigation Booking Clerks and came to be designated as patwaris in 1981. Prior to the formation of the State of Haryana on 1/11/1996, the recruitment of Canal Patwaris was governed by the Punjab Public Works Department (Irrigation Branch) Patwaris State Service, Class III Rules, 1955 (for short, '1955 Rules') issued under proviso to Article 309 of the Constitution. Rule 2(i) defines "Apprentice Patwari" to mean a person who after passing the patwar examination is posted as a reserve against 7 Per Cent of the limiting scale of Patwaris sanctioned for a circle. Rule 4 prescribes conditions for appointment to the service. Rule 5 postulates that no person shall be accepted as a candidate patwari who is less than 18 years or more than 22 years (now 25 years) of age at the time of acceptance (proviso being not relevant, omitted). Rule 6 envisages that "No person shall be appointed to the Service unless he has passed the Matriculation or School Leaving Certificate Examination of a recognised university or its equivalent, but preference shall be given to candidates possessing higher qualifications" (proviso is not relevant, hence omitted). Rule 8 postulates that "All appointments to posts in the service shall be made by the Divisional Officers". Rule 10(a) envisages that "Appointments to the Service shall be made by direct appointment". Rule 10(b) provides that : "(b) THE Divisional Officer shall keep a register of accepted candidates for training purposes. Not more than twice the number of candidates required to fill the vacancies for the ensuing year shall be brought on to the list of accepted candidates and trained and sent up for the examination. No candidate shall be accepted for enrollment in the Divisional Candidate's List unless he complies with the conditions mentioned in Rules 4, 5, 6, 7 and 9 of these Rules." Rule 12 provides thus : "12(a) All candidates, who pass the examination, shall be brought on to the circle register of passed candidates in serial order of passing the examination, when a permanent vacancy occurs in any Division the next passed candidate shall be posted from the circle register irrespective of whether he is serving in a leave or temporary vacancy in another Division of the Circle. THE order of appointment shall be issued by the Divisional Officer. THE name of a passed candidate who reaches the age of 25 years without having been employed temporarily as a patwari shall be struck off the list. Provided that this maximum age limit shall be relaxed in the case of members of Scheduled Castes, Scheduled Tribes and other Backward Classes to the extent of such period as may be prescribed by Government in this behalf from time to time, in respect of entry of such candidates into service under Government and the names of such candidates shall be retained on the list upto that age, it is the duty of the Superintending Engineer to examine the Circle register of passed candidates early in January each year, in order to see that sufficient candidates are borne on the register to fill all vacancies that are likely to occur during the next two years, and to ensure, as far as possible, that all candidates shall ordinarily obtain permanent employment before they reach the maximum age prescribed under this Rule. A selection board consisting of all the Divisional Officers of the Circle shall sit before June 1st every year year to select the candidates for training for the year in accordance with Rule 11. (b) No person may be brought on to the Circle register of passed candidates unless he has passed the patwar examination." Rule 14 provides that "the seniority of members of the Service shall be determined in accordance with Circle register of passed candidates in serial order of passing the patwar examination. If the position secured in the examination is the same, in the case of two or more persons, their seniority shall be determined by age, a younger member being junior to an older member. Rule 15 adumbrates as under : "(a) Members of the Service shall be entitled to the pay scales as are given in Appendix A Provided that the scales of pay may be altered by the Government as and when necessary. The shall also be entitled to bonus, they earn in each crop, in accordance with Chapter 12 of the Revenue Manual. (b) Apprentice Patwaris shall receive Rs. 32.00per mensum each when not employed in leave or regular vacancies." ;