AMARJIT SINGH AHLUWALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal raises the question whether the appellant has been given his proper rank in the joint seniority list of officers belonging to the Provincial Civil Medical Service, Class I after its reorganisation on 15th July, 1964.

(2.) There were, in the State of Punjab prior to 15th July, 1964, two separate and independent services namely, Provincial Civil Medical Service (hereinafter for the sake of brevity referred to as PCMS) and Public Health Service. Both services comprised two classes, Class I and Class II, and each had its own separate ranking for seniority and channel of promotion. The post of District Medical Officer of Health was a post in Class II of the Public Health Service, while the post of Assistant Director Health Services was a post in Class I of that Service. The appellant and one Dr. Jagjit Singh were, until their promotion with retrospective effect from 25th April, 1964, District Medical Officers of Health in Class II of Public Health Service. Dr. Jagjit Singh was admittedly senior to the appellant in rank. Respondents Nos. 3 to 19 were, until their promotion by an order dated 8th April, 1964, in Class II of PCMS. It appears that some posts in Class I of PCMS fell vacant and it was, therefore, decided to make promotions to these posts from amongst officers belonging to Class II of PCMS and an order dated 8th April, 1964 was accordingly issued by the State Government promoting inter alia respondents Nos. 3 to 19 to Class I, PCMS with immediate effect. Though this order was made on 8th April, 1964, it could not be conveyed to respondents Nos. 3 to 19 until 23rd April, 1964 and respondents Nos. 3 to 19 could, therefore, assume charge of the higher posts of promotion only after 27th April, 1964. In fact they took charge of the higher posts of promotion on different dates between 27th April,1964 and 11th May 1964. It may be pointed out that under the order dated 8th April, 1964 several other officers belonging to Class II, PCMS, in addition to respondents Nos. 3 to 19 were also promoted to Class I, PCMS, but it is not necessary to refer to them since on bifurcation of the State of Punjab they were allotted to the State of Haryana and they are no longer contestants with the appellant in the ranking for seniority. So far as Dr. Jagjit Singh and the appellant are concerned, Dr. Jagjit Singh was on deputation with the Defence Department, while the appellant was appointed to work in the post of Assistant Director Health Services on his own pay scale from 25th April, 1964, This was the position which obtained when PCMS and Public Health Service were integrated as part of the administrative reorganisation of the State Medical and Health Department with effect from, 15th July, 1964.

(3.) The PCMS and Public Health Service were integrated with effect from 15th July, 1964 and common combined cadres, both in Class I and Class II, were created which were known as PCMS Class I and PCMS Class II cadres. The cadre of District Medical Officers of Health, which constituted Class II in Public Health Service was equated with PCMS Class II cadre, while the cadre of Assistant Directors and Deputy Directors, which constituted Class I of Public Health Service, was equated with PCMS Class I cadre. Now at the time of integration Dr. Jagjit Singh belonged to the cadre of District Medical Officers of Health and the appellant, though working in the post of Assistant Director was not promoted to that post but was merely working in that post on his own pay scale of District Medical Officer of Health and they would, therefore, have ordinarily been equated and absorbed in the integrated PCMS Class II cadre. But the appellant made a representation to the State Government that since he was working in the post of Assistant Director since 25th April, 1964, he should be promoted to that post with retrospective effect from that date. The State Government considered the representation of the appellant and decided that the appellant should be given promotion to the post of Assistant Director with effect from 25th April, 1964. But Dr. Jagjit Singh was senior to the appellant in the cadre of District Medical Officers of Health and it would, therefore, be unfair to him to ignore his claim and give promotion to the appellant who was his junior. The State Government, therefore, "with a view to protecting his right of promotion by virtue of his parent seniority which could not be disturbed" passed an order dated 24th July, 1965 granting absentia promotion to Dr. Jagjit Singh to the post of Assistant Director, with effect from 25th April, 1964 and since Dr. Jagjit Singh was on deputation with the Defence Department, the State Government, by the same order, promoted the appellant to the post of Assistant Director with effect from the same date vice Dr. Jagjit Singh, Dr. Jagjit Singh and the appellant were thus promoted to the posts of Assistant Director with retrospective effect from 25th April, 1964 and they were accordingly Assistant Directors on 15th July, 1964 when integration took place and were, therefore, equated and absorbed as such in PCMS Class I cadre.