V.K. Bali, J. - (1.) CONFLICT of judicial opinion expressed in Civil Writ Petition No. 13310 of 1991 finally disposing the writ aforesaid and Civil Writ Petition No. 9328 of 1991 while issuing notice of motion is what apparently resulted into referring the present case for decision by a Full Bench. Even though the factual matrix has little relevance to the issues raised and canvassed, a brief resume of facts still deserve to be noticed.
(2.) PETITIONER Surinderjit Singh and others are working as Clerks in different departments in the State of Punjab. For the next higher rank i.e. Assistant, a person becomes eligible if in addition to fulfilling the qualifications and experience prescribed for appointment by promotion, he qualifies the test known as Assistant Grade Examination. The Government of Punjab, - -vide notification dated April 11, 1984 framed rules railed Punjab State Assistant Grade Examination Rules, 1984 thereinafter to be referred as the Examination Rules of 1984). The post of Assistant has been defined in Sub -clause (e) of Clause 2 which means a civil or post in civil service under the State of Punjab designated as Assistant and includes all such posts, higher in rank to that of the post of Clerk, as are in the same or in an identical nay scale and carry responsibilities similar to or identical with that of the post of Assistant by whatever designation they be called. Rule 4 prescribed eligibility for Promotion to the post of Assistant. The same in so far as it is relevant for deciding the controversy in hand runs thus: 4. Eligibility for promotion to the post of Assistant. - -(1) No person shall be eligible for appointment by promotion to the post of Assistant unless in addition to fulfilling the qualifications and experience prescribed for appointment by promotion to the post of Assistant, he qualifies the test: Provided that, a person who has already qualified the Assistant Grade Examination inter alia in terms of Punjab Government Circular No. 4809 -GII -57/21176, dated the 23rd October, 1957, or who was holding on regular basis the post of Assistant on the 23rd October, 1957, shall not be required to qualify the test: Provided further that if a person holding the post of Assistant or a higher post, on provisional basis, on the commencement of these rules is of the age of fifty years or more; he shall also not be required to qualify the test: Provided further that a person who has been appointed by promotion to the post of Assistant or to any higher post on provisional basis before the commencement of these rules, shall be required to qualify the test within a period of three years from such commencement and failure to qualify the test within the specified period shall result in reversion of such person to the post of Clerk or to the post, by whatever designation called, from which he was appointed by promotion to the post of Assistant on provisional basis. (2) Notwithstanding anything contained in Sub -rule (1), where no person, who has qualified the test, is available for promotion to the post of Assistant in a Service, the appointing authority may appoint a person by promotion to the post of Assistant on provisional basis till a person who has so qualified the test becomes available in that Service. Rule 10 saves the seniority of the persons who had been promoted as Assistant before the commencement of the Rules 'on provisional basis subject to their qualifying the test. However, if such persons fail to qualify the test within a period of three years, they are liable to be reverted but if within the stipulated period, they do qualify the test, the seniority has to be determined with reference to the date of their promotion to the post of Assistant on provisional basis.
(3.) RULE 12 of the Examination Rules of 1984 vests power in the Government to exempt any class or category of persons from the operation of the Rules but such exemption shall operate prospectively. Rule 12 runs as follows: 12. Power to grant exemption. - -Where the Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded, in writing, exempt any class or category of persons from the operation of these rules and such exemption shall operate prospectively.;