G.R. Majithia, J. - (1.) THIS judgment will dispose of C.W.Ps Nos. 8975 of 1987 and 5521 of 1987 as common questions of law and facts arise for determination in these cases.
(2.) THE matter initially came up for hearing on August 17, 1988, before a learned Single Judge of this Court, who referred the matter for adjudication by a large Bench with the following observations: - - After hearing the learned Counsel for some time, I am of the view that the judgment of the Division Bench in O.P. Jindal v. The State of Punjab and Ors., 1976 SLWR 598, laying down that the requirement that the Selection Committee under the relevant rule shall meet every year is not a mandatory requirement, stands in the way of the Petitioners who seek relief on equitable grounds. I, therefore, find it appropriate that this petition be heard by a larger Bench. The papers may be placed before Hon'ble the Chief Justice for necessary orders. It is in these circumstances that the matter has been listed for hearing before us. We have alluded to the facts as given in C.W.P. No. 8975 of 1987. The writ -Petitioners joined service in the Punjab Public Works Department (B & R Branch) as Sectional Officers. They were appointed as Sub -Divisional Engineers on ad hoc basis for a period of six months on February 11, 1972. The ad hoc appointment was extended from time to time except for six months period from September 19, 1972 to February 18, 1973, when no pay as Sub -Divisional Engineer was given, but they continued to discharge the functions as Sub -Divisional Engineers. Petitioner No. 2 was appointed to P.S.E. Class II on regular basis on November 7, 1979 and Petitioners Nos. 1, 3 and 4 were appointed on March 28, 1980. The ad hoc appointment of the Petitioners continued foe a period of six years not for want of quota but the State failed to get their cases approved by the Screening Committee/Punjab Public Service Commission for regular appointment to P.S.E. Class II under Rule 9 of the Punjab Service of Engineers, Class II P.W.D. (Buildings and Roads Branch) Rules, 1965 (for short "the Rules"). For the years 1971 and 1972, no meeting of the Screening Committee was held. The Screening Committee met in June 1973, but for reasons best known to the State, the Petitioners' cases were not referred to the Screening Committee. In the years 1974 and 1975 again, no Screening Committee was constituted. The Committee met in the year 1976 and interviewed all eligible candidates including the Petitioners. The Committee found the Petitioners suitable for appointment to Class II Service but the select list was never finalised. In the years 1977 and 1978, the Screening Committee did not meet. If the Screening Committee had met, the Petitioners' cases would have been approved The Screening Committee met in August 1979 and the Petitioners were found suitable for promotion as Sub -Divisional Engineers and they were so approved by the Public Service Commission. The Petitioners want a direction from this Court that their appointments as Sub -Divisional Engineers be regularised from the dates of their ad hoc appointments.
(3.) THE State in its return pleaded that appointment to P.S.E., Class II, is to be made after following the procedure laid down in Rule 9 of the Rules. The Petitioners along with others were appointed in order of seniority after they were found fit for promotion by the Punjab Public Service Commission after following the procedure laid down in the Rules. It was further submitted that in view of the decision rendered by this Court in O.P. Jindal v. The State of Punjab and Ors., 1976 SLWR 598, the Petitioners have got no justifiable ground to maintain this writ petition.;