Bal Raj Tuli, J. - (1.) This order will dispose of Civil Writ No. 1087 of 1970, Uttam Singh Vs. State of Punjab and others and Civil Writ No. 2685 of 1670, Harbans Singh Bhatia Vs. State of Punjab and others , as common questions of law and fact are involved in both these cases.
(2.) Uttam Singh petitioner in Civil Writ No. 1087 of 1970 was not promoted to the post of Head Assistant although he was senior to respondents 3 and 4, on the sole ground that he did not possess 5 years' experience as Assistant or Stenographer in the higher scale. it is admitted that Shri Uttam Singh is senior to both respondents 3 and 4. Harbans Singh Bhatia, petitioner in Civil Writ No. 2685 of 1970, is a Clerk, who joined the office of the Director of Agriculture, Punjab, on May, 25, 1964. Respondent 3 was working as Clerk in the office of Locust Control and Plant Protection Officer at Chandigarh before being appointed as a Clerk in the office of the Director of Agriculture, Punjab, Chandigarh on Sept. 1,1964. The vacancy of an Assistant occurred on Jan. 28, 1969, to which respondent 3 was appointed in preference to the petitioner on the sole ground that the petitioner did not possess 5 years experience as a Clerk. The Rules of Service applicable to both the petitioners are contained in the Punjab Subordinate Agricultural Service Rules, 1933. The method of recruitment is provided in rule7 Clause (j) of rule 7(1) prescribes that "in the case of Head Assistant, recruitment will be made by promotion from amongst Assistants and Stenographers with clerical experience who have proved their fitness for the appointment, or by selection from amongst Clerks employed in offices of Government other than the office of Director" Clause (1) of rule 7(1) provides that the case of Assistant, the recruitment shall be made:- (i) by promotion from amongst senior clerks in their respective offices, who have proved their fitness for appointment to the post, or (ii) by selection from amongst Clerks employed in Government Offices other than the office in which the post is to be filled, or (iii) by direct recruitment; provide that no Graduate not already in Government service shall be appointed to be an Assistant unless he has been recommended as fit for appointment by the Punjab University Appointment Board." Sub-rule (3) of rule 7 provides that:- "Appointment to any post by the promotion of officials already in service or by the transfer of officials shall be made strictly by selection and no official shall have any claim to such appointment as of right".
(3.) It appears that the Punjab Government consulted the Punjab Public Service Commission for the prescription of standards of experience for the posts of Superintendent, Head Assistant, Assistant and Stenographer in the higher scale, and the Public Service Commission suggested that 5 years' experience as Assistant or Stenographer in the higher scale (with two years' experience as Assistant in the case of Stenographers) should be prescribed in the case of promotion to the post of Head Assistants, and 5 years' experience as Clerk should be prescribed in the case of promotion to the post of Assistant. In the letter dated July 30,1966, contained these suggestions, it was pointed out that:- "As the Government (in Agriculture Department) are the rule making authority in this case, the Commission are of the view that it is they (the Govt.) who should promulgate these standards of experience when finalised.";