P.S. Pattar, J. - (1.) BY this judgment, the following three letters patent appeals, which are directed against the judgment dated July 24, 1974 of a learned Single Judge of this Court will be decided: (1) L.P.A. No. 381 of 1974 - -Karam Singh Grewal v. State of Punjab and Ors. (2) L.P.A. No. 382 of 1974 - -Diljeet Rai v. State of Punjab and Ors. (3) L.P.A. No. 409 of 1974 - -State of Punjab v. Gian Chand Jain.
(2.) THE facts of this case are that Gian Chand Jain, Respondent No. 6, joined as a Tehsildar in the year 1960, and was subsequently confirmed against that post in November, 1966. Devinder Singh, Harjinder Singh and Diljeet Rai, Respondents Nos. 2 to 4, and Karam Singh Grewal, Appellant, were also appointed as Tehsildars on different dates. In January, 1971, the then Chief Secretary to Government, Punjab, asked the three Financial Commissioners in the State of Punjab, viz., Financial Commissioner (Revenue), Financial Commissioner (Taxation) and Financial Commissioner (Health), to submit the list of persons from amongst the Tehsildars and Naib -Tehsildars, for consideration of their names for appointment to the Punjab Civil Service (Executive Branch) in accordance with Rule 7 of the Punjab Civil Service (Executive Branch) Rules, 1930, (hereinafter called the Rules). The Financial Commissioners, vide their letter dated January 13, 1972, sent the names of the following five Tehsildars/Naib - Tehsildars for promotion to the Punjab Civil Service (Executive Branch): (1) Shri B.L. Sikka, Naib -Tehsildar, Jullundur Division. (2) Shri Gian Chand Jain, Tehsildar, Patiala Division. (3) Shri Devinder Singh, Tehsildar, Jullundur Division. (4) Shri Harjinder Singh, Tehsildar, Jullundur Division. (5) Shri Madan Mohan Chaudhry, Tehsildar, Peshi. The Financial Commissioners forwarded other names to the Government as asked for by the Government. They also forwarded the names of the Tehsildars and Naib -Tehsildars, who had been recommended by the Commissioners of Patiala and Jullundur Divisions, as desired by the Government. By another letter, the Financial Commissioners also forwarded the name of Darshan Singh, Tehsildar, Nawanshehar, as the Education Minister had directed that his nomination roll should also be sent. Again, vide U.O. letter dated July 6th 1972, the names of two other Tehsildars were sent to the Government against the quota for the year 1971, as the Chief Minister had directed that these names may also be forwarded. The Government then forwarded all these names to the Punjab Public Service Commission, Patiala, (hereinafter referred as the Commission) for selecting suitable candidates.
(3.) BEFORE , however, the' selection could be made, the Government decided to recruit two Extra Assistant Commissioners from Register A -I against the vacancies for the year 1972. The Financial Commissioners were asked by the Government, vide their letter dated 18/21 August, 1972, to send the nomination rolls of Tehsildars and Naib -Tehsildars, who fulfilled the conditions as laid down in Rule 7(1) of the Rules, who were considered suitable by then for the posts of Extra Assistant Commissioners. These names were to be sent by the 10th September, 1972 at the latest. However, before these recommendations could be sent by the Financial Commissioners, the Chief Minister and the Revenue Minister made certain other recommendations and the Chief Minister also endorsed the recommendations made by the Commissioners of the two Divisions. The Financial Commissioners recommended the following five officers for consideration of their names for appointment to Punjab Civil Service (Executive Branch) against the quota for the year 1972 in the following order of merit: (1) Shri Gian Chand Jain. (2) Shri Harjinder Singh. (3) Shri Madan Mohan Chaudhry. (4) Shri Jasbir Singh Bal. (5) Shri Harbans Singh Pawar. Besides these names, the Financial Commissioners also forwarded the nomination rolls of all the Tehsildars and Naib -Tehsildars, who had been recommended by the Commissioners of the two Divisions, the Chief Minister and the Revenue Minister. All these names were then in due course sent to the Commission by the Punjab Government. The Commission interviewed all the candidates, whose names had been forwarded for selection for the years 1971 and 1972. After perusing their records, the Commission recommended the names of the following officers as suitable persons for appointment to the P.C.S. (Executive Branch): (1) Shri Devinder Singh (Respondent No. 2). (2) Shri Harjinder Singh (Respondent No. 3). for the year 1971. (3) Shri Diljeet Rai. (Respondent No. 4). (4) Shri Karam Singh Grewal (Appellant). for the year 1972.;