- (1.) Manjit Singh Gill, an official of this Court, has challenged the office orders dated March 13, 1990, de-confirming him from the post of Assistant and reverting him from the post of Superintendent Grade-II to that of Assistant, in this petition under Articles 226/227 of the Constitution of India.
(2.) In exercise of the powers conferred by Clause (2) of Article 229 read with Article 23 of the Constitution of India, the Chief Justice of the High Court of Punjab and Haryana, Chandigarh (the High Court, for brevity), with the approval of the President of India, made rules called the High Court Establishment (Appointment and Conditions of Service) Rules, 1973 (the Rules, for brevity) regulating the appointment, conditions of service and conduct of persons serving on the staff attached to the High Court. Rule 16, as it stood then envisaged that fifty per cent posts of Assistant were to be filled by direct recruitment from Graduates from open market by a competitive examination. Graduate Clerks on the establishment of the High Court were also permitted to compete subject to a maximum of three chances. The remaining fifty per cent posts of Assistants were to be filed by promotion from the Clerks on the establishment of this Court on the basis of seniority-cum-merit. 23 posts of Assistants were advertised in newspapers on September 16, 1979 in terms of the provisions of Rule 16(i) of the Rules. After written test and viva voce test, 31 candidates were brought on the approved list for appointment as Assistants on the establishment of the High Court. The petitioner's name stood at Serial No. 13 of the list. The persons selected were appointed on various dates between May, 1977 to November, 1977. The petitioner was appointed on May 9, 1977. The selected candidates were to remain on probation for one year.
(3.) Rule 31(1) of the Rules says that the members of the establishment appointed on probation may be confirmed by the Chief Justice on the completion of their initial or extended period of probation. In May, 1982, a tentative seniority list of Assistants was circulated for inviting objections The directly recruited Assistants as well as promotee Assistants made their representations. These representations were forwarded to S.S. Sodhi, J. for disposal. By order dated November 24,1983, S.S. Sodhi, J. opined that the Rules came into force with effect from March 1, 1974 and that 50% posts after that date should be filled by direct recruitment and 50% posts after that date should be filled by direct recruitment and 50% posts of Assistants by promotion. It was also observed that the promotees could not hold posts in excess of their quota to the detriment of the direct recruits.;