R.S. Mongia, J. - (1.) IT would be necessary to re -capitulate the facts of the case in little detail, under which the present Letters Patent Appeal was filed in this Court. The writ -Petitioners, who were 11 in number and are now the Appellants in this L.P.A. had filed a writ petition in this Court, challenging the validity and legality of ranking given to Respondents Nos. 3 to 6, namely, Sarvashri Jaspal Singh Grewal, Pritam Singh, Gurbachan Singh Raju and Jagjit Singh Mehal, respectively, in the seniority list of the officers of the cadre of Assistant Directors/Assistant Controllers of Stores/District Industries Officers, etc. in the Punjab Industries Department (State Service Class II). Appellant No. 1, Shri H. C. Aggarwal, was appointed as Assistant District Industries Officer in the Department of Industries, Punjab, and was promoted as Assistant Director on 14th August, 1978. The other Appellants, i.e. Appellants Nos. 2 to 11 were appointed as Assistant Directors by way of direct recruitment on 26th September, 1979. The conditions of service of the Appellants are governed by the statutory Rules known as the Punjab Industries Service (State Service Class II) Rules, 1965 (hereinafter referred to as the Rules). The Service constitutes of various classes of posts included in Appendix 'A' to the Rules. According to Sub -rule (b) of Rules 9 of the Rules, the posts of Assistant Directors, Assistant Controller of Stores, District Industries Officers, Stores Inspection Officer, Purchase Officer (Emporia Organisation), Textile Officer (Marketing) and Textile Officer (Development) form one cadre. The appointment to this cadre is made by direct recruitment and by promotion from amongst various categories of posts, having at least five years experience. One of the posts from which the promotion is made is Planning -cum -Survey Officer. It may be mentioned that the posts of Assistant District Industries Officers/Planning -cum -Survey Officers are included in a lower cadre. Initially their pay -scale of the cadre of Assistant Directors, and Assistant Controller of Stores, etc. was Rs. 250 -750; whereas the pay -scale of the Officers in the lower cadre of the Assistant District Industries Officers/ Planning -cum -Survey Officers was Rs. 200 -500. The pay -scale of the cadre of Assistant Directors, etc. was revised to Rs. 350 -950 and later on to Rs. 825 -1500.
(2.) IN order to give fillip to Rural Industrialization, 49 Rural Industries Projects were set up in the country. In 1971, it was decided by the Government of India that the area of operation of these existing 49 Rural Industries Projects he extended to cover the entire districts in which the projects were set up. For this purpose, the Ministry of Industrial Development, Government of India recommended, -vide, its letter dated 7th May, 1971 that it was necessary to put the entire staff, as mentioned in the annexure to the said letter, in position immediately. It was further suggested that the officers thus appointed should have the requisite qualification and experience so that they are in a better position to shoulder the responsibility, attached with each project. It was inter alia suggested that the Planning -cum -Survey Officer should be given the position and status of an Assistant Director of Industries in the State (though the Planning -cum -Survey Officer was in the lower cadre and in the lower pay -scale as compared to Assistant Director of Industries). Appointment of Technical Specialists was also recommended. The Punjab Government, -vide, its letter dated 26th April, 1972, accorded sanction to the implementation of the above -mentioned Scheme recommended by the Government of India, with effect from 1st April, 1972 and for creating various posts, which included the posts of Planning -cum -Survey Officers in the pay -scale of Rs. 350 -900, as also posts of Technical Specialists in the same scale of pay. It would be relevant to mention here that the posts of Planning -cum -Survey Officer in the scale of Rs. 350 -900 and the post of Technical Specialist were not in the cadre of Assistant Directors etc. as mentioned in Appendix 'A' to the Rules. As mentioned above, the post of Planning -cum -Survey Officer in the pay -scale of Rs. 200 -500 (revised Rs. 300 - -600) was initially in the lower cadre than that of Assistant Director of Industries, etc. Shri Jaspal Singh, Respondent No. 3 and Shri Pritam Singh, Respondent No. 4, were appointed as Technical Specialists in 1976 in the pay -scale of Rs. 350 -900 against the ex -cadre which were created in 1972. Similarly , Shri Gurbachan Singh Raju, Respondent No. 5 and Shri Jagjit Singh Mehal. Respondent No. 6, were appointed as Planning -cum -Survey Officers in 1978 in the grade of Rs. 350 -900, against the ex -cadre posts created in 1972, under the Centrally Sponsored Scheme.
(3.) IT would be relevant to mention here that, -vide order dated 2nd November, 1972 (Annexure R -5), the Secretary to Government, Punjab, Industries Department, included the two posts of Planning -cum -Survey Officers in the common cadre of Assistant Directors/District Industries Officer. The order reads as under: The Governor of Punjab is pleased to include the two posts of Planning -cum -Survey Officers at Malerkotla and Hoshiarpur Projects in the common cadre of District Industries Officers/Assistant Directors of Industries etc. with effect from the 3rd August, 1972.;