K.S. Tiwana, J. - (1.) THE short question for decision before us is whether the Appellant, who after selection had been appointed to a post in Kulu and Kangra districts before the reorganization of the State of Punjab on 1st November, 1966, but had not joined, was to be deemed to be serving in connection with the affairs of the Punjab State.
(2.) THE Subordinate Services Selection Board, Punjab, - -vide advertisement in the Daily Tribune of 28th of February, 1966, invited applications for the posts of 59 Social Studies Masters (Kangra 34, Simla 10 and Mohindergarh 15) and 17 Social Studies Mistresses (Kangra 13 and Simla 4), out of which 16 posts were reserved for Scheduled Castes/Tribes and 1 for Backward Classes. The scale of pay was Rs 110 - -8 - -190/10 - -250. The qualifications prescribed were B.A., B.T./B. Ed. with any of the following subjects: (a) History, (b) Economics, (c) Political Science and (d) Geography. It was further provided in the advertisement that candidates with B.A., B.T./B. Ed. without subject -combination stated above were to be eligible for appointment against those posts in Kangra and Kulu Districts subject to the following conditions: (i) The candidates should make up the subject combination after recruitment, but before confirmation. (ii) The candidates will not be eligible for transfer to districts other than Kangra and Kulu unless they have completed their stay in these districts for atleast 7 years. The Appellant was selected for appointment as a Social Studies Mistress for appointment in Kulu and Kangra districts and her name was recommended to the Education Department of Punjab with the names of other candidates. She and other candidates were approved and appointed by the Director of Public Instruction, Punjab, for appointment in Kulu and Kangra districts. Letter No. 15 -355 -66 -EI (2) regarding her appointment was issued on 25th October, 1966. The heading of this letter is as under: The following candidates selected by the Subordinate Services Selection Board, Punjab, are appointed to officiate as Social Studies Mistresses against the available vacancies in the Circle noted against each, on an initial pay as admissible under the rules, in the grade of Rs 110 - -8 - -190/ 10 - -250, of the Punjab Educational Services (Non -Gazetted) Class III School Cadre Mistresses (women branch) with effect from the date they join, on the terms and conditions given at the end. As a consequence of the reorganization of the Punjab State on 1st of November, 1966, the districts of Kulu and Kangra formed part of Himachal Pradesh, Prior to that date, that is November 1, 1966, the Circle Education Officer, Jullundur, who was to issue the posting orders of the candidates appointed in Kulu and Kangra districts according to the availability of the posts, could not issue the orders and the Appellant could not be posted as a Social Studies Mistress. She was not eligible for selection for appointment in the other areas of the then existing State of Punjab as she did not fulfil the conditions of subject combination, as contained in the advertisement published in the Daily Tribune dated February 28, 1966. The condition of subject combination was relaxed for selection for appointment in the hilly areas of the then State of Punjab as fully qualified candidates were not available for appointment in those areas and the Appellant was selected for those districts after relaxing the qualifications. The Punjab Government in September, 1967, after reorganization of the State, took a policy decision that the candidates selected for appointment in Kulu and Kangra districts, who had cleared the subject combination in September, 1967 or earlier be considered for appointment in new Punjab. Consequently, the Appellant was issued a letter dated March 26, 1968, which runs as under: It has been decided by the department that the candidates selected for Kangra/Kulu districts who have cleared the subject -combination in September, 1967 or earlier may be considered for appointment in Punjab. You are, therefore, advised to submit the copies of the certificates in support of your having cleared the subject combination in September, 1967, or earlier by April 5, 1968, positively. In case, no reply is received by the above date, it will not be possible to absorb you in Punjab and as such your candidature is cancelled in the Punjab Education Department. In case, you want employment on the basis of your selection by the Subordinate Services Selection Board without subject combination, you should move the case to the Himachal Pradesh Government. The Appellant did not fall even within the ambit of this relaxation given by the policy decision of the Government as she had cleared the condition of subject combination only in 1970.
(3.) THE writ petition filed by the Appellant for issuing a direction to the State of Punjab for appointing the Appellant as a Social Studies Mistress in the State of Punjab on the ground that she had been appointed in this State before the reorganization and she be deemed to have been serving in connection with the affairs of the existing state of Punjab was dismissed by the learned Single Judge of this Court. The learned Single Judge taking the observations of a Division Bench of this Court in Beant Singh v. The Union of India and Ors., 1969 S.L.R. 304 as obiter dictum did not follow those. The Appellant filed an appeal against the dismissal of her writ petition under clause X of the Letters Patent. As the correctness of the observations in Beant Singh's case were doubted before the Bench hearing the Letters Patent Appeal, the matter was referred to a larger Bench. This is how this Full Bench has come to be constituted to consider the question referred to in the beginning of this judgment.;