- (1.) This Judgment and order of ours would dispose of this L.P.A. and the connected L.P. As No. 977, 1048, 1070, and 1074 of 1981, as all of them arise from one and the same Judgment of a learned Single Judge of this Court dated 27th Aug., 1981.
(2.) In order to appreciate the controversy, certain salient features of the case may be noticed :- Bal Krishan Soni, respondent was appointed as a clerk on 14th July, 1958, in the office of the Director, Health Services, Punjab. As a result of the reorganisation of the earstwhile State of Punjab, he was promoted as an Assistant on 2nd November, 1966, in the office of the Director, Health, Services, Haryana. Devki Nandan Sachdeva, respondent No. 2 was appointed as a Clerk on 3rd Aug., 1959 in the office of the Director of Health Services, Punjab. After getting regular promotions he was ultimately promoted as senior scale stenographer on 29th April, 1966 in the same scale of pay as that of the assistant. He was appointed as an Assistant on 1st September 1967 and functioned such till 31st May, 1968, on which date he was reverted back to the post of Senior Scale Stenographer. He also worked as part time Registrar of the Homeopathic Council, Haryana, from 15th January, 1971 to 30th March, 1976, when on 31st March, 1976, he was sent on deputation as Registrar of the Council of Homeopathic System of Medicine, Haryana, and remained so till 30th March, 1979, on which date he was reverted back to his parent office. After reversion, he worked as Senior Scale Stenographer till 12th May 1980, when he was promoted as Assistant Incharge and thereafter on 10th November, 1980, as Deputy Superintendent.
(3.) Leela Ram Saluja, appellant, was appointed as Junior Scale Stenographer on 17th July, 1961. He was promoted as Senior Scale Stenographer in the State of Punjab and on 23rd October, 1968 he was allocated to the State of Haryana as Assistant-Cum Senior Scale Stenographer. He remained posted as such till 29th July, 1970, on which date he was reverted back to the post of Senior Scale Stenographer. On 10th November, 1980, he was promoted as Assistant Incharge. It may be observed at this stage that on his allocation in the State of Haryana on 23rd October, 1968, he had made a representation to the Director that his promotion as Senior Scale Stenographer be given retrospective effect from 1st November, 1966, i.e. the date on which the State of Haryana had come into existence, as there existed a vacancy of a Senior Scale Stenographer on the date and which continued to exist thereafter till he occupied the same on 23rd October, 1968. This representation was rejected by the Director, Health Services, Haryana on third March, 1971. He made another representation to the Director of Health Services in January, 1978 for the redress of his grievance. This representation was referred to the State Government, which was accepted on 1st October, 1980 and his appointment as Senior Scale Stenographer was given retrospective effect from 2nd November, 1966, vide order, copy Annexure P-5. It is the legality and propriety of this order of the State Government, dated 1st October 1980, which was challenged by Bal Krishan Soni, respondent, by filing Civil Writ Petition No. 3644 of 1980. One Goverdhan Lal also filed C.W.P. praying for similar relief. The petitions were contested by the appellant and the State and the material allegations made therein were controverted. As common questions of fact and law were involved in both the petitions, the same were disposed of by one judgment.;