Gokal Chand Mital, J. - (1.) It has to be seen whether the State Government has erred in determining the seniority amongst the members of the District Panchayat Officers (for short 'DPOs') and the Block Development Officers (for short 'BDOs') in the unified service of Block Development and Panchayat Officers (hereinafter called BD&POs) which came into being on 1st Nov., 1959 on the merger of cadres of BDOs and DPOs.
(2.) In Punjab the cadre of BDOs came into existence for the first time on 1st Feb., 1952 with the pay scale of Rs. 250-400 (gazetted) and a similar cadre came into being in Pepsu in the same year with the same pay scale and was also a gazetted post. Since the cadre of BDOs was created in the year 1952 with the same pay scales in both the erstwhile States, their services were unified. In view of the Reorganisation Act, the post of DPOs in the two erstwhile States were equated but the pay-scales of the officers of the two erstwhile States continued as before. The cadre of DPOs was created in Punjab before the cadre of BDOs was created whereas similar cadre in Pepsu was created in the year 1956. In Punjab the pay-scale was Rs. 170-350 (non-gazetted) whereas in Pepsu it was 250-400 (gazetted). On 1st Oct., 1958 the pay Scale of DPOs was revised to Rs. 250-500 i.e. it was equated with the pay scale of BDOs. The Punjab DPO became gazetted who were not heretofore gazetted. The cadres of DPOs and BDOs were merged with effect from 1st Nov., 1959 in view of the order of the Government dated 28th Oct., 1960 and a new cadre of BDPOs was formed. Because of the merger the question of fixation of seniority arose.
(3.) Vide order dated 30th Oct., 1964, Annexure P-l, the Deputy Secretary to Government, Punjab, in the Development and Panchayat Department, wrote to one BDPO about the proposed principle to fix the joint seniority amongst BDOs and DPOs and in that it was pointed out that to DPOs benefit of 50 per cent service rendered by them between 1.2.1952 to 30.9.1958 would be given while equating them with BDOs, in respect of the officers recruited before 1.10.1958. This letter further shows that the representatives of both sides would be called to represent their cases before final decision was taken. The Government has not placed any material on record to show nor has made any averments in the written statement as to with whom the matter was discussed and what was the final decision. However, in 1972 a seniority list was circulated giving the benefit of half service between the period 1.2.1952 to 30.9.1958 to the DPOs. The DPOs made representation against the same. The representation was kept pending and writ petitions were filed by various persons from time to time and ultimately during the pendency of the writ petitions, which have been disposed of separately by me on 9th Jan., 1986, and main judgment has been rendered in CWP No. 2894 of 1983, final seniority was prepared on 27th Feb., 1984. This very seniority list was challenged in those cases by some members of the cadre of BDPOs on the ground that length of service should have been the basis for fixing the seniority irrespective of the rota system, which was sought to be applied in fixing seniority amongst the members of the service, which came from three different sources. The writ petitions have been allowed and after quashing the seniority list, direction has been issued to re-frame the same purely on the basis of the length of service.;