- (1.) The petitioner had joined as an Inspector in the Department of Food and Supplies, Punjab, on 11th June, 1977. He was selected for appointment as a Tehsildar in the State of Punjab as a direct recruit and issued appointment letter on 30th June, 1986. He was relieved from the Food and Supplies Department on 24th July, 1986 (A.N.) and joined as Tehsildar on 25th July, 1986 (F.N.). Vide order dated 17th May, 1990 (Annexure P-6), the petitioner was confirmed as a Tehsildar. However, it was mentioned in the order that the exact date of confirmation would be notified in due course. The petitioner in this case is staking his claim of being considered for nomination for appointment to the P.C.S. (Executive Branch), which is governed by the Punjab Civil Service (Executive Branch) (Class I) Rules, 1976 (hereinafter called the Rules). The claim of the petitioner has been denied by the respondents primarily on the ground that according to the amended Rule 9(5) of the Rules, which amendment was brought on 4th April, 1990, the petitioner is not eligible for being considered for nomination.
(2.) Rule 7 of the Rules lays down that appointment to the Service is to be made from amongst the accepted candidates whose names have been duly entered in accordance with the Rules in the Registers of accepted candidates to be maintained under the Rules. Various Registers are maintained under the Rules, in which are entered the names of candidates from various categories from which the appointments are made to the P.C.S. (Executive Branch). For ready reference, Rule 8 of the Rules, for maintaining various Registers, is quoted below :- "Registers to be maintained. Rule 8. The following Registers of accepted candidates shall be maintained by the Chief Secretary to Government (i) Register A-I. in which shall be entered the names of Tehsildars; and Naib-Tehsildars accepted as candidates; (ii) Register A-II. in which shall be entered the names of temporary members of Class II and members of Class III service serving in connection with the affairs of the State of Punjab and holding ministerial appointments accepted as candidates; (iii) Register A-III. in which shall be entered the names of persons accepted as candidates from amongst Excise & Taxation Officers and District Development and Panchayat Officers serving in connection with the affairs of the State of Punjab; (iv) Register B. in which shall be entered the names of persons accepted as candidates as a result of (the main competitive examination); and (v) Register C. in which shall be entered the names of persons accepted as candidates from amongst officers or officials serving in connection with the affairs of the State of Punjab who are not covered by any of the categories of officers or officials hereinbefore mentioned in this Rule."
(3.) The petitioner is staking his claim to be brought on Register A-1, for which procedure is envisaged by Rule 9 of the Rules, which reads as follows :- "Selection of Candidates for Register A-1. Rule 9. - (1) Each Deputy Commissioner shall, at such time in a year as the Financial Commissioner, Revenue, may by general or special order require, recommend to the Commissioner of the Division the name of the one Tehsildar or Naib- Tehsildar posted in his District whom he considers most suitable for appointment to the service. (2) The Commissioner of a Division shall, forward the names recommended by the Deputy Commissioners under Sub-rule (1) to the Financial Commissioner, Revenue, and may, recommend to him the names of one or more persons from amongst the Tehsildars or Naib-Tehsildars posted in the District under his charge, considered suitable by him for appointment to the service. (3) The Financial Commissioner, Revenue, shall consider the names of persons recommended by the Deputy Commissioners and the Commissioners and prepare a list, from amongst such persons, of candidates considered suitable by him for appointment to the Service and may include the names of any other Tehsildar and Naib-Tehsildars considered suitable by him in such list :- Provided that the list prepared by the Financial Commissioner, Revenue, shall not contain names exceeding twice the number of candidates to be brought on Register A-I. (4) The list prepared under Sub-Rule (3) shall be submitted by the Financial Commissioner, Revenue to the Chief Minister through the Revenue Minister each of whom may add any name to the list from amongst Tehsildars and Naib-Tehsildars considered suitable by them for appointment to the service and the list so prepared shall be treated as the final list : Provided that during the operation of a proclamation issued under clause (1) of Article 356 of the Constitution of India in the State, the list prepared under sub-Rule (3) shall be submitted by the Financial Commissioner, Revenue to the Governor who may add any name to the list from amongst Tehsildars and Naib-Tehsildars considered suitable by him for appointment to the Service and the list so prepared shall be treated as the final list. (5) The name of a person shall not be included in the final list unless he - (a) is a confirmed hand and has completed ten years continuous service under the Government; (b) was under the age of 45 years on the first day of November immediately preceding the date of submission of names by the nominating authorities; and (c) is a graduate of a recognised University. (6) Each year at such time as the Government may require, the Financial Commissioner, Revenue, shall submit to the Government the nomination rolls in Form I of persons borne on the final list prepared under sub Rule (4). (7) The nomination rolls submitted under sub-rule (6) along with the service record of the candidates shall be forwarded by the Government to the Commission which shall consider the merits of each candidate and recommend the name of the persons considered suitable for appointment to the Service duly arranged in the order of merit. (8) The names of persons recommended by the Commission under sub- rule (7), shall be entered in Register A-I, in the order in which they are recommended by the Commission.";