- (1.) CIVIL Writ Petitions Nos. 313 of 1976, 1097 of 1975 and 2375 of 1975 raise common questions of law and, therefore, a common judgment is proposed. Wherever reference to facts is considered necessary these would be referred from Civil Writ No. 313 of 1976.
(2.) THE petitioners in these writ petitions as also the respondents to this writ petition had been recruited in the erstwhile States of Pepsu and Punjab as Clerks and after the merger of the erstwhile State of Punjab and Pepsu with effect from 1st November, 1956 by virtue of the States Reorganisation Act, 1956, they were absorbed in the subordinate offices of the Education Department of Punjab State. An integrated seniority list of such clerks was drawn up on 27th April, 1966 reflecting the position that obtained on 1st November, 1956.
(3.) THE conditions of service applicable to the employees of the Education Department in the Subordinate Offices of the Punjab State were governed by the Rules called the Punjab Education Department (Subordinate Offices) Clerical Services Rules, 1941. The cadre covered by these rules does not contain the post of Assistant, Assistant Superintedent and Superintendent. The posts of Assistants were created by executive instructions in February, 1961. The said instructions provided for the promotion of clerks to the post of Assistant after passing a qualifying test. Prior to the enforcement of these instructions some clerks including the petitioners and respondents were, however promoted without passing the qualifying test on the condition that they shall have to pass Assistant's Grade Examination to be conducted by the Subordinate Service Selection Board, which was likely to be held in November, 1961. Since some of the clerks, who were promoted without first passing the qualifying test for the post of Assistant, failed to pass the said test, they were reverted. Some of them challenged their revision in the Civil Court. The matter reached the Supreme Court in Civil Appeal No. 1678 of 1970 reported as State of Punjab v. S. P. Sharma MANU/sc/0398/1973. Their Lordships following their earlier judgment reported in State of Haryana v. Shamsher Jang Shukla 1972 II L. L. J. 186 known as Samsher Jang Shukla's case dismissed the appeal of the State of Punjab and upheld the judgment of the High Court in which it was held that requirement of passing the qualifying test for promotion to the post of Assistant from that of clerk amounted to a change in the existing conditions of service and since that had been done without taking prior approval of the Central Government, the requirement of test was illegally imposed upon the concerned clerks and the order regarding their reversion was, therefore, quashed.;