- (1.) The services of the four petitioners before this Court as Clerks in the Office of the Director-cum-Secretary, Treasury & Accounts, Punjab were put to an end on 25.4.1995 invoking a condition in the appointment order which stipulated that they would have to clear the Punjabi type test within 6 months of appointment. The petitioners were appointed on the recommendations of the Departmental Selection Committee as Clerks against purely temporary vacancies without assurance of permanent employment under the State. The petitioners were appointed on different dates spanning 10.1.1989 to 28.5.1990. After the filing of the present petition the termination order of the 4 th respondent; appointed on priority basis on compassionate grounds, was reviewed in terms of the Punjab Government instructions dated 9.6.1992, according to which ordinarily the services of persons appointed on priority basis could not be terminated for failure to qualify type test but non-passing would result in nongrant of increments till they pass such test. As a result, the 4 th petitioner was reinstated on 19.5.1995 (R-2). This action was brought about on a representation of the 4 th respondent on 10.5.1995. Consequently, petitioners No. 1 to 3 have pressed their case against their termination orders. The orders of termination for non-passing of the Punjabi type test have been challenged inter alia on the ground that the Rules of service applicable to the petitioners, when they were in employment, were governed by the Punjab Treasury State Service (Class III) Rules, 1979 (for short 'the 1979 Rules); that Rule 8.1 dealt with the method of appointment and minimum qualifications and experience required for appointment to the posts in the service. The post of Clerk is mentioned at Sr. No. 7 and can be filled 90% by direct appointment from such persons as are, Ist Class matriculates or graduates of a recognized University with Mathematics as one of the subjects at the matriculation level and 10% by promotion from certain class IV feeder cadre posts; that these rules do not entail termination as a consequence of non-passing of type test since passing of a type test is not made condition precedent; that the stipulation in the appointment order was imposed de hors the Rules and is, therefore, not binding in nature since it does not draw force from statutory rules or instructions. As a matter of fact, the imposition of such a condition of passing a type test is contained in Executive Instructions which have been appended with the petition. These are dated 8.6.1992 & 4.1.1993 which have been issued from time to time on the strength of the original instructions of the Government dated 24.8.1983 in which passing of type test was made compulsory for Clerks directly appointed in various departments of the Government of Punjab. It is stated that these instructions have ultimately been watered down to non-grant of annual increments on failure to pass the Punjabi type test.
(2.) On notice of motion having been issued by this Court on 5.5.1995 the respondent-State put in appearance. The matter was admitted on 18.7.1995. The written statement filed is dated 14.7.1995.
(3.) The claim of the petitioners has been contested on the strength of a stipulation in the appointment order that the petitioners would pass the type test within six months. The department took a lenient view and extended the period of six months and gave 11 chances to the petitioners to appear and pass the Punjabi type test. It is not disputed that the petitioners were tested on 9.3.1990, 20.9.1990, 6.12.1991, 26.2.1992, 30.4.1992, 20.7.1992, 23.10.1992, 7.4.1993, 28.7.1993, 20-12.10.1993 and 25-26-27.4.1994.;