A.L. Bahri, J. - (1.) VIDE this order three writ petitions (Nos. 12972, 13386 arid 15815 of 1991) are being disposed of as the question involved therein is common. The main judgment is prepared in writ petition No. 12972 of 1991.
(2.) THESE writ petitions relate to promotion to the post of Assistants and in consequence thereof determination of seniority on the posts of Assistants in the Department of (P.W.D.) Public Health, Punjab. Petitioner Joginder Singh and the private Respondents were working in the aforesaid Department as Clerks. For promotion to the post of Assistant, they were required to possess certain qualifications and experience as prescribed under the Punjab Public Works Department (Public Health Circle) State Service Class III Rules, 1983. Rule 8(3) of these rules provides all appointments to the service by promotion to be made on the basis of seniority -cum -merit and no person shall be entitled to claim promotion on the basis of seniority alone. Appendix -B attached to these rules provides the educational qualifications and experience for promotion to the post of Assistant as Matriculate of a recognised University or its equivalent and experience of working on the post of Clerk/Senior Clerk/ Ledger Clerk/Meter Clerk for a minimum period of eight years. In 1984 Punjab State Assistant Grade Examination Rules were framed. Rule 4 of these rules provides eligibility for promotion to the post of Assistant, apart from possessing the qualifications and experience prescribed for appointment by promotion to the post of Assistant that he should qualify the test. Rule 8 of these rules further provides that a person may avail of any number of chances to qualify the test. A person qualifying the test as provided under Rule 9, shall be eligible for promotion to the post of Assistant in the cadre of his service. Since these rules same into force on April 11, 1984, there were certain Assistants already promoted in the service, who had not qualified the test. Rule 10 of these rules allowed them initially two years time to pass the test, which was subsequently changed to four and five years respectively. Otherwise such Assistants, who had not passed the test were to be reverted. Vide order Annexure P -4, some of the private Respondents were promoted as Assistants since they fulfilled the eligibility criteria, as provided under two sets of the rules aforesaid. Vide this order (Annexure P -4), Respondent Nos. 4 to 6 and 8 were promoted on August 22, 1989. Respondent No. 1 Duni Chand was promoted, - -vide order Annexure P -5 on January 25, 1990. Respondent Nos. 13 to 15 were promoted, - -vide order Annexure P -6 dated September 6, 1990. While making these promotions the Petitioners in these writ petitions, who were senior, were ignored. Hence in these petitions they claim mandamus directing the Respondents to promote them to the posts of Assistants from the date persons juniors to them were promoted. Otherwise they claim that they are possessing the academic qualifications as well as fulfilling the conditions of experience and have also passed the Assistant Grade Examination. On notice of motion having been issued, the Respondents have filed separate written statements contesting the petitions. The stand of the official Respondents is that promotion to the post of Assistant was made amongst those officials who had qualified Assistant Grade Examination within first five chances, as per instructions issued on the subject, Hence, the claim of the Petitioners was not considered. The correctness of the seniority list prepared of the Clerks was not disputed. The Petitioner passed the Assistant Grade Examination later to the private Respondents Nos. 3 to 15. Such instructions were circulated in July, 1989, whereas the Examination was conducted in October, 1989. In writ petition No. 392 of 1989, Gurjant Singh and Ors. v. State of Punjab, - -vide order dated March. 16, 1989, operations of the instructions referred to above was stayed regarding promotion of those employees, who had passed the test in 5th, 6th and 7th chances. Reference was also made to another writ petition No. 5203 of 1988, filed by Ashok Kumar. It was stated that the decision of that case is not applicable as Ashok Kumar passed the examination in 7th chance whereas the Petitioner passed the examination in 10th chance. Copy of the instructions issued on January 31, 1989 is produced as Annexure R -1. Private Respondents also took up similar stand in their written statement.
(3.) PARAGRAPHS 2 and 3 of the instructions issued on January 31, 1989 - -Annexure R.1 are reproduced below: 2. There are two situations where interpretation of Assistant Grade Examination Rules, 1984, is involved. First situation is where a vacancy for promotion is available. In this situation a clerk who has passed the Assistant Grade Examination within the first five chances is promoted, his inter se seniority as Clerk will be maintained with the officials who have passed the Assistant Grade Examination within the first five chances. However, he will rank senior as Assistant to those Clerks who passed the examination in 6th, 7th, and 8th chance and are promoted lateron. 3. In the second situation, when there is no post available for promotion to the post of Assistant, but a group of Clerks are available who have passed the Assistant Grade Examination in the 5th, 6th, 7th or 8th chance. As aid when a vacancy arises, next senior eligible person is to be promoted irrespective of the fact whether he passed the examination in the 5th, 6th, 7th or 8th chance, the only criteria to be adopted is that he should have passed the examination and is eligible for promotion. In this situation, the inter se seniority of Clerks will be maintained in the matter of promotion to the post of Assistant.;