R.S. Narula, J. - (1.) THIS judgment will dispose of three writ petitions in all of which the following three common questions of law are involved: (1) Whether the Central Government is to act in a quasi -judicial manner or in an administrative manner in exercise of its powers under Section 82(2) and (4) of the Punjab Reorganisation Act, hereinafter called the 1966 Act, in the matter of allocation of services to the successor States of the erstwhile united State of Punjab; (2) If it is held that in allocating Government employees to different successor States under the 1966 Act the Central Government is not acting in a quasi -judicial capacity, is it still necessary for the Central Government to gave personal hearing to the employees concerned before the question of their final allocation is decided; and (3) Whether Section 82(1), (2) and (4) of the 1966 Act is ultra vires Article 14 of the Constitution ? To the Province of East Punjab broken off from the pre -partition Province of Punjab as a result of the demarcation of the dominions of India and Pakistan consequent upon the coming into force of the Indian Independence Act was added the Part 'B' State of Patiala and East Punjab States Union by the States Reorganisation Act, 1956, hereinafter called the 1956 Act, on and with effect from November 1, 1956. The united State of Punjab so formed continued to exist till October 31, 1966. November 1, 1966, was the appointed day under the 1966 Act, on and with effect from which date the united State of Punjab was divided into the present State of Punjab, the present State of Haryana, the Union Territory of Chandigarh and the transferred territory which on and with effect from the appointed day formed part of the Union Territory of Himachal Pradesh. Provisions for the allocation and rights and liabilities of the Government employees of the erstwhile State of Punjab were made in Part IX of the 1966 Act. Section 81, with which Part IX starts, relates to All -India Services with which we are not concerned in these cases. Section 82, around which the web of arguments has been woven in the course of submissions before us, is couched in the following language - 82(1) Every person who immediately before the appointed day is serving in connection with the affairs of the existing State of Punjab shall, on and from that day, provisionally continue to serve in connection with the affairs of the State of Punjab unless he is required, by general or special order of the Central Government, to serve provisionally in connection with the affairs of any other successor State. (2) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the successor State to which every person referred to in Sub -section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect. (3) Every person who is finally allotted under the provisions of Sub -section (2) to a successor State shall, if he is not already serving therein, be made available for serving in the successor State from such date as may be agreed upon between the Governments concerned or in default of such agreement, as may be determined by the Central Government. (4) The Central Government may, by order, establish one or more advisory committees for the purpose of assisting it in regard to - (a) the division and integration of the services among the successor States; and (b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons. (5) The foregoing provisions of this section shall not apply in relation to any person to whom the provisions of Section 81 apply. (6) Nothing in this section shall be deemed to affect on or after the appointed day the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of Union or any State; Provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in Sub -section (1) or Sub -section (2) shall not be varied to his disadvantage except with the previous approval of the Central Government. Section 83 provides for the continuance of officers in the same posts which they were holding immediately before the appointed day. Section 84 empowers the Central Government to give directions to the State Governments of Punjab and Haryana and to the Administrators of the Union Territories of Himachal Pradesh and Chandigarh for the purpose of giving effect to the provisions of Sections 81 to 83. Section 85, the last provision in Part IX, relates to the State Public Service Commissions and does not concern us at the moment.
(2.) IN order to give effect to the provisions of Part IX of the 1966 Act, departmental committees were constituted for proposing the cadre strength of the various services, other than All India Services. Work of making suggestions for the allocation of existing personnel was also undertaken in the first instance by those committees. Broad principles for allocation were laid down in advance. The objective of making composite and balanced cadres was given the first importance. The proposals made by the departmental committees in regard to allocation were examined by the committees of officers (headed by Shri V. Shanker, I.C.S.) appointed by the Central Government. ((This procedure and broad principles for allocation were laid down in letter No. 2615 -S -RN -66, dated August 9, 1966, from the Chief Secretary, Punjab Government, to all heads of departments). "Appointed day" under the 1966 Act, as already stated, was the 1st day of November, 1966. Section 2(f) defines the "existing State of Punjab" as "the State of Punjab as existing immediately before the appointed day". "State of Punjab" is defined in Section 2(1) to mean the State with the same name, comprising the territories referred to Sub -section (1) of Section 6, i.e., the new State of Punjab which came into existence as a result of the 1966 reorganisation. Section 2(m) defines "successor State" to mean the State of Punjab or of Haryana and to include also the Union in relation to the Union Territory of Chandigarh and the transferred territory". Section 2(n) defines "transferred territory" as the territory which on the appointed day stood transferred from the existing State of Punjab to the Union Territory of Himachal Pradesh.
(3.) A brief survey of the relevant facts of each of the three cases which are being disposed by this common judgment, may be made at this stage before dealing with the legal propositions on which arguments have been addressed by both sides.;