- (1.) The issue which arises in this case is the interplay of rule 4 of the Punjab State Assistant Grade Examination Rules, 1984 (for short Rs. 1984 Rules') with rule 10 of the Punjab Civil Secretariat (State Service Class III) Rules, 1976 (for short Rs. 1976 Rules').
(2.) The 1984 Rules provide for promotion to the post of Assistant on provisional basis by qualifying written examination conducted by the Subordinate Service Selection Board in the Punjab District Service Class III and came into force w.e.f 12.4.1984. Rule 4 whereof reads as under :- "4. Eligibility for promotion to the post of Assistant.- (1) No person shall be eligible for appointment by promotion to the post of Assistant unless in addition to fulfilling the qualifications and experience prescribed for appointment by promotion to the post of Assistant, he qualifies the test: Provided that a person who has already qualified the Assistant Grade Examination inter-alia in terms of Punjab Government circular No.4809-GII-57/2176, dated the 23 rd October, 1957, or who was holding on regular basis the post of Assistant on the 23 rd October, 1957, shall not be required to qualify the test : Provided further that if a person holding the post of Assistant or a higher post, on provisional basis, on the commencement of these rules is of the age of fifty years or more; he shall also not be required to qualify the test: Provided further that a person who has been appointed by promotion to the post of Assistant or to any higher post on provisional basis before the commencement of these rules, shall be required to qualify the test within a period of three years from such commencement and failure to qualify the test within the specified period shall result in reversion of such person to the post of Clerk or to the post, by whatever designation called, from which he was appointed by promotion to the post of Assistant on provisional basis. (2) Notwithstanding anything contained in sub-rule (1), where no person, who has qualified the test, is available for promotion to the post of Assistant in a Service, the appointing authority may appoint a person by promotion to the post of Assistant on provisional basis till a person who has so qualified the test becomes available in that Service."
(3.) The 1976 Rules provide for recruitment and conditions of service of persons appointed to the Punjab Civil Secretariat (State Service Class III). The seniority of Assistants is governed by these Rules which came into force w.e.f 10.8.1976. Rule 10 whereof reads as under :- "10. Members of the service shall be entitled to such scales of pay including special pay, as may be sanctioned by Government from time to time. The scales of pay and special pay at present, in force, in respect of specified posts are given in appendix A'. Provided that notwithstanding anything to the contrary contained in rule 7, a clerk shall not be allowed to draw his annual increment for so long as he does not pass the departmental test in Punjabi/Hindi or English typewriting at a speed of 30 words per minute. However, on his passing the test he will be allowed to draw his annual increment from due date but he will not be paid arrears for the period from the date on which the increment fell due to the date of the test in which he qualifies.";