- (1.) The petitioner was appointed as a Junior Clerk on 31.7.1955 in the Local Bodies Works Division under the administrative control of Commissioner, P.E.P.S.U. He was promoted as Sub Divisional Clerk vide order dated 30.6.1956 passed by the Commissioner. In the erstwhile State of P.E.P.S.U., the routine Clerks, Senior Clerks and Junior Clerks were re-designated as Clerks. The posts of Accounts Clerks and Sub Divisional Clerks were got separated and they were treated as higher posts than the Clerks.
(2.) In pursuant to merger of State of PEPSU into the State of Punjab in the year 1956, particulars of all the employees of various departments in the then State of P.E.P.S.U. were furnished to the Department of Integration of the then State of Punjab. The equated rank of the petitioner was shown as Sub Divisional Clerk and was described in substantive category. The matter was taken up by the Joint Integration Committee, comprising of the Chief Secretaries, Administrative Secretaries and Heads of the Departments of the two merging States. Approvals to the equation statements were granted in the meeting of the Service Integration Committee held on 27.7.1956 and the recommendations were made for acceptance by the Joint Integration Council, which were accepted by the Council in its meeting held on 25.8.1956. Such approvals were duly communicated to all the Administrative Secretaries and the Heads of Departments. The Integration Department issued a circular letter No. 573-Integ. 56/943 dated 1.11.1956 to the effect that the service conditions of the employees having been equated with the merging State and approved by the Joint Integration Council, shall not be changed without prior approval of the Central Government. In pursuant to Section 116 of the Reorganisation Act, 1956, the employees of the merging States were ordered to continue to hold the posts and offices as they were holding prior to the formation of new State of Punjab. In this regard order/ communication dated 21.12.1956 was passed by Commissioner, Patiala Division, Patiala. However, the petitioner was posted at various places like Bathinda, Sangrur etc. but conditions of service remained the same as is evident from the approval granted by the Integration Council. Thereby, the petitioner continued to be a part of the Commissioner's office but was not formally absorbed in the ministerial establishment of the Commissioner. In this regard, reference has been made to a communication dated 14.9.1970, the Commissioner, Patiala Division, Patiala was required to take action regarding absorption of ministerial staff of local Bodies Works Division in his office, in implementation of the decision of the Integration Council. Copy of the letter has been annexed as Annexure P-9.
(3.) It shall be appropriate to mention here that the petitioner was posted as Clerk in the Office of Deputy Commissioner, Patiala in March, 1961 on abolition of Local Bodies Works Division. The petitioner made a representation, whereupon a communication was addressed to Commissioner Patiala Division, Patiala by the Deputy Secretary to Government of Punjab, Revenue Department-I, to the effect that the petitioner should be absorbed in Commissioner's office. He should be given due seniority with effect from 1.11.1956, according to the post he was holding on that day. Inter alia, for the purpose of further promotion according to the prescribed procedure, as if he had been a member of Commissioner's office. In pursuant to said communication dated 14.9.1970, the Commissioner posted petitioner as clerk in his office, on temporary basis. The petitioner being dissatisfied, again represented to the Government and in pursuant thereto, a communication dated 29.3.1971 was addressed to the Commissioner requiring explanation and reasons for non-compliance of order of the Government. As a sequel thereto seniority of the petitioner was fixed above the Clerks who were confirmed after 30.6.1956.;