RAJESH BINDAL J. - (1.) THIS order will dispose of a bunch of petitions bearing CWP Nos. 22757, 23336, 24981 of 2012, 4417, 5921, 11800, 21325, 22568, 23629, 25146, 26676, 27802 of 2013, 1224, 2755 and 3000 of 2014, as common questions of law and facts are involved.
(2.) SOME of the petitioners are working as Chief Pharmacists, whereas some are working as Pharmacists in Health Department in Punjab. The prayer is for quashing of the communication, vide which request of the petitioners for extension in service was declined and with a further direction that the petitioners be permitted to continue in service till they attain the age of 60 years, as after attaining the age of superannuation at 58 years, in terms of the amendment carried out in the Punjab Civil Services (First Amendment) Rules, Volume -I, Part -I, 2012 (for short, 'the Rules'), two years' extension, one year at one time, was admissible to the employees at their option. Learned counsel for the petitioners submitted that in terms of the Punjab Health and Family Welfare Technical (Group 'C') Service Rules, 2007 (for short, '2007 Rules'), Chief Pharmacists and Pharmacists are two separate cadres having different number of posts. Any decision taken by the authorities for one cadre of posts cannot be made applicable to the other. As the cadres are different and so the source of recruitment and further promotional channel. They have their separate seniority lists. The State Government vide notification dated 8.10.2012, substituted Rule 3.26, Clause (a) and (b) of the Rules providing age of superannuation. In terms of the amendment, an employee was entitled to extension upto two years service after attaining the age of superannuation at 58 years, at his option. Subsequent thereto, on the same date, a circular was issued by the Government to all the departments. Options were required from the employees for one year extension in service. In terms thereof, the petitioner, who were working as Chief Pharmacists and Pharmacists applied for extension in service. Vide circular dated 31.10.2012 issued by the Director, Health and Family Welfare, Punjab, extension of service to the Pharmacists was declined considering the fact that 906 posts of Pharmacists, who were working in rural dispensaries, had become surplus and cadre to that extent was diminishing. It was on account of the fact that 1,186 rural dispensaries of the Health Department were transferred to Zila Parishads in the year 2006.
(3.) LEARNED counsel further submitted that there are total 255 posts of Chief Pharmacists and 2,720 posts of Pharmacists, out of which 906 posts were declared as diminishing cadre on account of transfer of 1,186 rural dispensaries to Zila Parishads. The communication dated 31.10.2012 merely provides that cadre of Pharmacists is diminishing and not that of Chief Pharmacists, hence, extension of service to Chief Pharmacists cannot be denied, both being separate cadres having their independent strength as per 2007 Rules. It was further submitted that in the communication issued by the Government on 26.11.2012, extension was not to be granted where any cadre had been declared a diminishing cadre. In the present case, the cadre of Pharmacists or Chief Pharmacists has not been declared as a diminishing cadre as such. Only some posts have allegedly been reduced on account of transfer of certain dispensaries to Zila Parishads.;