Gokal Chand Mital, J. - (1.) This order will dispose of Civil writ petition Nos 382, 383 and 356 of 1979 as common questions arise therein. For facility of reference, facts of CWP No.382 of 1979 are being noticed.
(2.) Inder Mohan had joined as a Clerk in the Health Department of the Punjab Government on 14.11.1952. On that post he was confirmed on 1.3.1955. There were certain office orders by which certain percentage of vacancies of Assistants in the head office and Head-Clerks in the Civil Surgeon's office were to be filed by persons fulfilling the prescribed qualifications and the remaining by promotion on seniority-cum-merit basis. These orders were changed from time to time, whosoever came within the ambit of the office orders and was found suitable was promoted. In this manner, Inder Mohan was promoted to the post of Head Clerk in the office of Civil Surgeon. He was then promoted as Superintendent also.
(3.) Certain clerks who had not qualified the Assistants/Head clerks test or had not taken that test were not promoted and their juniors who had been successful in the examination were promoted. The holding of the test for promotion to the post of Assistant/Head Clerks was challenged by certain clerks in civil suits or civil writ petitions and finally the Supreme Court in State of Haryana v. Shamsher Jang Shukla, A.I.R.1972 S.C.1546, (Same judgment is reported in 1972 SLR 441, but the name of Shamsher Jang Shukla is wrongly reported as Shamsher Jang Bahadur), held the test to be illegal. As a result fresh seniority list was prepared by the State Government after giving effect to the aforesaid decision. On the framing of the fresh seniority list by order dated 19.9.1977 Inder Mohan was reverted as Accountant. Similarly several other persons were reverted.;