- (1.) Aggrieved by the seniority list circulated vide Annexure P/4 dated 26.9.1989, the appellants filed a writ petition in this Court praying for quashing of the said seniority list and the promotion of respondent No.2 as Deputy Director vide Annexure P/5. It was alleged that the impugned orders being Annexures P/4 and P/5 adversely effected the service rights of the appellants by affecting the chances of their promotion as they were the members of the service governed by (State Service Class II) Rules, 1966. It was further prayed that a direction be issued to respondent No.1 to consider the petitioners-appellants for promotion to the post of Deputy Director prior to respondent No.2 who was alleged to be usurper of a public office. The relevant facts of the case as projected by the appellants in their writ petition were that consequent upon their direct recruitment through the Punjab Service Commission as Assistant Directors in the Punjab Industries Departments, all the petitioners joined the service on 26.9.1979. The services of the petitioners were governed by Punjab Industries Service (State Service Class II) Rules, 1966 (for short the 'Rules'). Rule 9 of the aforesaid rules provides method of recruitment. Respondent No.2 was initially appointed as Instructress (Leather Malerkotla) on 21.12.1961 in the pay scale of Rs.120-200 and continued to hold the said post till 10.1.1979 when she was promoted as Assistant Director (Designs) on adhoc basis for a period of six months in the pay scale of Rs.800-1400 vide Annexure P/l. She was later adjusted as Functional Manager, District Industries Centre in August, 1979 in the scale of Rs.800-1400. Aggrieved by her appointment, one Mr. R.K. Bhardwaj filed a Civil Writ Petition No.266 of 1979 mainly on the ground that as respondent No.2 did not possess the requisite qualifications, she was not entitled to hold the post. I.S. Tiwana, J. vide his judgment dated 9.1.1986 quashed the promotion of respondent No.2 holding that she was not qualified to be promoted as Assistant Director in view of the qualifications prescribed by the Government. The action of the respondent-State is alleged to have been held to be wholly arbitrary and violative of Articles 14 and 16 of the Constitution. Despite the judgment in the case of Mr. R.K. Bhardwaj, the respondent No.2 was not reverted to her original post of instructress (Leather Handicrafts). During the pendency of the civil writ petition filed by Mr. R.K. Bhardwaj, respondent No.2 was adjusted as Functional Manager, District Industries Centre, in the pay scale of Rs.800-1400. On the other hand vide letter No.1/70/79- 2NI-80 dated 16.9.1980 she was given the higher scale of Rs.825-1580 with retrospective effect i.e. from August, 1979. Respondent No.2 is alleged to have been officiating as General Manager, District Industries Centre, Mohali for 8-9 months in the year 1983-84. On 14.8.1989, the Punjab Public Service Commission refused to approve the appointment of respondent No.2 and found that she did not fulfil the basic qualifications/experience required for the post of Functional Manager/Assistant Director and directed respondent No.l to revert her to her original post vide letter Annexure P/3. Respondent No.l thereafter circulated the final seniority list, Annexure P/4, on 26.9.1989 wherein respondent No.2 was placed at number 1 and vide Annexure P/5 issued, on the same day, another letter whereby respondent No.2 who was working as Functional Manager/Assistant Director was promoted as Deputy Director in the scale of Rs.2400-4000 and was posted as Officer on Special Duty in the office of Director Industries, Punjab. It was alleged that the impugned order fixing the seniority list and placing respondent No.2 above the petitioners and her promotion as Deputy Director was illegal, without jurisdiction, arbitrary and against the Rules, which was void and mala-fide on the ground detailed in the writ petition. The appellants had based their claim on the provisions of Rules 9 and 11 of the Rules.
(2.) The claim of the appellants was resisted by way of written statement filed on behalf of the State through Shri K.C. Mahajan, Additional Secretary to the Government of Punjab, Department of Industries stating therein that respondent No.2 was . initially appointed as fancy Leather Instructress in the pay scale of Rs.120-300 and she continued as such till 10.1.1979 when she was appointed and not promoted as Assistant Director Design (Misc.) on 10.1.1979 in the Design Institute, Chandigarh in the time scale of Rs.300-600 later revised to Rs.800-1400 w.e.f. 1.1.1979 on purely adhoc basis for a period of six months. She was appointed as Manager (KVI) in the District Industries Centre, Ludhiana vide government order dated 3.8.1979 and allowed the pay scale of Rs.350-900 from the date she joined as Manager i.e. with effect from 31.8.1979. The pay scale was thereafter revised w.e.f. 1.1.1978 to Rs.825-1580. It was contended that appointment of respondent No.2 as Manager was independent of her posting as Assistant Director Design (Misc.) in the Designs Institute. The post of Assistant Director Design (Misc.) was stated to be not existing in the rules. The post of Assistant Director which the appellants belonged existed in the rules and had no connection whatsoever with the post of Assistant Director Design (Misc.) which was an isolated post with different qualifications for appointment and is in the Design Institute of the Industries Department. The posts were stated to be belonging to different cadres though there was resemblance of nomenclature. In the year 1978 the District Industries Centres (DIC) Scheme was introduced in the country with a different staffing pattern which amongst others envisaged the appointment of Functional Managers in the different District Industries Centres. 16 ex-cadre posts of Functional Managers were in (sic_ created for the aforesaid purpose which were entirely different and under a different scheme having no connection with the post of Assistant Director Design (Misc.). The staffing pattern of District Industries Centres was revised in the year 1981 on the receipt of instructions from the Government of India and ultimately 12 posts of General Manager, 44 posts of Functional Managers and 36 posts of Project Managers were created. After her selection as Manager (Leather Goods) on 15.3.1979, the respondent No.2 requested the Secretary Industries, Punjab, to spare her services for appointment in the Haryana Small Industries and Export Corporation on deputation at usual terms and conditions but on her application the Director Designs under whom she was working at that time recommended that she being expert in leadier and handicraft goods should not be spared in the public interest. The Development Commissioner, Small Scale Industries, Ministry of Industries, Government of India, vide letter dated 3.3.1979 desired that atleast one post of Functional Manager in each District Industries Centre should go to a woman who should be responsible for identifying the needs of rural women and helping them in exploiting the available resources by setting up income generating projects. Respondent No.2 was thereafter appointed as Functional Manager on 16.9.1980. It is admitted that Shri R.K. Bhardwaj filed a writ petition but it is submitted that he did not prefer any claim to the post of Functional Manager and his claim was confined to the post of Assistant Director Design (Misc.) which was given to him in compliance with the court order dated 9.1.1986. The order of appointment of respondent No.2 as Assistant Director (Designs) was cancelled/withdrawn in accordance with the directions of the court dated 9.1.1986. It was submitted that quashing of appointment of respondent No.2 as Assistant Director Design (Misc.) have no bearing on the cadre of Assistant Director to which the appellants belong.
(3.) In her reply the respondent No.2 stated that the post of Functional Manager and General Manager were not governed by the statutory rules and that the post of Assistant Director Design (Misc.) was an ex-cadre post. She submitted that the judgment of the Court in C.W.P. No.266 of 1979 has no bearing as the post was not governed by the aforesaid rules.;