JUDGEMENT
I.S. Tiwana, J. -
(1.) The learned counsel for the parties are agreed that in view of the identity of facts and the contentions raised therein these three Civil Writ Petitions Nos. 762, 2381 and 2951 of 1978 can conveniently be disposed of together. This is so done through this common judgment. They are also agreed that for purposes of this judgment only the facts stated in C.W.P. No. 762 need be adverted to.
(2.) The undisputed facts are that Labh Singh who was initially in the employment of the Punjab University and belongs to a Scheduled Caste, was transferred to the service of the Punjab School Education Board in Nov., 1969, on coming into existence of the Board as a result of Punjab Act No. 29, i.e., the Punjab School Education Board Act, 1969. In view of section 29 of the Act, the Board is entitled to frame its own regulations for carrying out the provisions of the Act, but of course, subject to the previous sanction of the State Government. The Board though made some such regulations governing the service conditions of its employees on Jan. 1, 1972 yet the same have neither been approved by the Government nor have been notified so far. Thus these regulations never acquired the status of law or rules for purposes of their enforcibility as such.
(3.) On Oct. 4, 1972, the Board in is meeting while considering Agenda Item No. 6, (Annexure P.1/A), passed the following resolution:-
"It is decided that Punjab Government reservation pattern in promotions be adopted for the members of Scheduled Castes/Tribes and Backward Classes provided they possess the prescribed experience as per Government Policy.
The minimum experience as Clerk for the post of Assistant and as Assistant for the post of Dy. Dupdtt./Superintendent be adopted as per policy of Punjab Govt. Civil Secretariat.";
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