Prem Chand Jain, J. - (1.) This judgment of ours would dispose of L.P.A. No. 186 of 1976 filed against C. W P No 3638 of 1972 and Rs.P.A. No. 187 of 1976 filed against C. W P. No. 298 of 1973, as the same have been filed under clause X of the Letters Patent against a common judgment of the learned Single Judge of this Court, dated 26tb of March 1976. By the said judgment, C W P. No. 298 of 1973 was allowed and respondents Nos. 1 and 2 were directed to consider the claim of Makhan Singh, respondent, for farther promotion as Class II or Class I Draftman from the date the persons immediately junior to him were promoted, while C.W P. No. 3638 of 1972 was dismissed.
(2.) In order to appreciate the controversy raised before us, certain salient features of the case deserve to be noticed which are being narrated from C.W. P. No. 298 of 1973 filed by Makhan Singh, and read as under.
(3.) Makhan Singh was appointed as a Tracer on Oct. 23. 1945 in the Punjab Public Works Department (Public Health) and was confirmed as such with effect from 1st of November. 1956. He was finally promoted as Assistant Draftsman on 18th of September. 1939 On 7th of Sept., 1959, the Chief Engineer, Public Works Department (Public Health), Patiala, issued an office order that a departmental test for the promotion of Tracers as Assistant Draftsmen would be held in Oct. 1960. The Tracers, who were already officiating as Assistant Draftsmen/Head Draftsmen Grade II were .also required to pass the departmental test in two attempts beginning from Oct. 1960 in order to retain their present positions. The promotion of Makhan Singh, respondent, was also made subject to his passing the departmental examination within a period of two years in accordance with that order, as stated in his promotion order (Annexure C'). as most of the Tracers, who had been promoted as Assistant Draftsmen, bad failed to qualify the examination held by the department, another office order was issued on 10th of June, 1961 stating that they (failed Tracers and Assistant Draftsmen) were being afforded another opportunity to qualify the test which was to be held in Oct., 1962, before reverting them to their substantive pests. It appears that again Assistant Draftsmen including Makhan Singh, respondent, failed to qualify the examination, but the Government on their representation took a decision that Tracers already promoted would be allowed to hold their present posts and would be confirmed in their existing pay scales, if otherwise justified on the basis of service record. The decision which was conveyed by the Chief Engineer. Punjab, through his letter dated 30th of Sept., 1964 (copy Annexure E) reads thus: "This is to inform you that your representations have been considered and it his been decided by Government that: (i) Unqualified Draftsman / Head Draftsmen, who have already been promoted from the posts of Tracers without their having passed the Departmental Examination, would continue to hold their present posts and would be confirmed in their existing scales of ray, if otherwise justified on the basis of service record. They would also be allowed to cross the efficiency bar, when to cross the efficiency bar, when due if their work is satisfactory. (ii) In future, no unqualified hand would be promoted to the post of Assistant Draftsman/Head Draftsman Class II and Head Draftsman Class I without his clearing the departmental examination Accordingly, you would continue working in your existing scale of pay and your confirmation and future promotion was would be regulated as given in para (1) and (ii) above " In consequence of the aforesaid decision, Makhan Singh, respondent, was confirmed as Assistant Draftsman with effect from Sept. 15, 1966, vide order dated Oct. 5, 1966 (copy Annexure 'A') and in the seniority list his name was entered at Sr. No 46 On the reorganisation of the erstwhile State of Punjab, a fresh seniority list was prepared and the name of Makhan Singh, respondent, was entered in the seniority list at Sr. No 18 and the appellants and other respondents were all shown junior to him.;