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SUPREME COURT OF INDIA
C.A. VAIDIALINGAM AND K.K. MATHEW, JJ.
Jagtar Singh and others, Appellants
Versus
The State of Punjab and others, Respondents.
Civil Appeal No. 1039 of 1971, D/- 3-12-1971.
Advocates appeared
Mr. V. C. Mahajan, Mrs. Urmila Kapoor , Miss Kamlesh Bansal and Mr. M. R. Agnihotri Advocates, for Appellant; Mr. Harbans Singh, Advocate for Mr. R. N. Sachthey, Advocate (for Nos. 1 and 2) and M/s. S. C. Agarwala and R. K. Garg, Advocates of M/s. Ramamurthi and Co., and Mr. V. J. Francis, Advocate, (for No. 3) for Respondents.
States Reorganization Act – Section 117 - Punjab Services Integration Rules, 1957 - Rules 3, 14, 15 and 16 - Quashing of Order - Application - Promotion - Power of Central Government to give directions - two States of Punjab with effect it was decided by Joint Integration Council that offices of Deputy Registrars of Co-operative Societies area will form a separate division on basis of pattern obtaining in Punjab - In erstwhile Punjab State staff of Senior and Junior Clerks in offices of Deputy Registrars and Assistant Registrars including Camp Clerks to Inspectors and Sub-Inspectors were placed on divisional cadre by an order of Governor of Punjab and there were two such divisions in Punjab viz rules applicable to service were Punjab Cooperative Subordinate Service Rules 1936 - Result was that after appointed day i.e staff of Junior and Senior Clerks of each of three divisions of composite state of Punjab continued to be organised as a separate cadre and officers serving in office of Registrar of Co-operative Societies formed a different cadre - Whether this prayer could be granted - Whether he was qualified to the benefit of clause - Held, High Court found that directive issued by Central Government was not applicable as integration of services had become complete even before issue of directive and also for reason that Clauses of directive will apply only to promotions made on basis of provisional gradation lists and that no persons were promoted on basis of any provisional gradation list - Court said that there was no necessity of integrating cadres of Junior and Senior Clerks in all three divisions as on date of merger of erstwhile State of Punjab and namely and after referring to Rules 3, 14, 15 and 16 of Punjab Services Integration Rules 1957 held that the junior and senior Clerks could be left out as they were not required to be integrated into one group particularly in view of fact that this group of service was being maintained on divisional basis and not on State-wise basis and therefore no provisional joint seniority list was required to be drawn up soon after merger - Power of Central Government to give directions - Central Government may at any time before or after appointed day give such directions to any State Government as may appear to it to be necessary for purpose of giving effect to foregoing provisions of this Part and State Government shall comply with such directions - We do not think that on facts of this case it is necessary to resolve conflict as State Government had no case that they were not bound by directive of Central Government in matter of integration of services here - Counsel for State of Punjab brought to our attention contents of the return files by State in Civil Writ 2896 / 1965 where Punjab Services Integration Rules 1957 were challenged as recited in judgment of the Punjab High Court in AIR 1969 - We do not think High Court was justified in quashing lists published basis of provisional integrated gradation list published by Integration Department - High Court had no occasion to consider question whether this prayer could be granted as it held that directive of Central Government had no controlling operation in respect of integration of services in question - Appeal allowed
Judgment
MATHEW, J.:- This is an appeal, by special leave, from the judgment of the High Court of Punjab and Haryana dismissing Civil Writ No. 3321/1970 filed by the appellants praying for a direction to implement Clause 4 of the directive of the Union Government dated April 18, 1965, issued under Section 117 of the States Reorganisation Act and allowing the writ petitions filed by the third respondent and others praying for an order quashing the final integrated gradation list published on March, 11, 1966, in so far as it concerned Clerks and that issued on March 20, 1970, in so far as it concerned Assistant/Head Clerk of the Cooperative Department of the State of Punjab.
2. In view of the impending merger of the two States of Punjab and Pepsu with effect from November 1, 1956, it was decided on October 26, 1956, by the Joint Integration Council that the offices of the Deputy Registrars of Co-operative Societies, Pepsu area, will form a separate division on the basis of the pattern obtaining in Punjab. In the erstwhile Punjab State, the staff of the Senior and Junior Clerks in the offices of the Deputy Registrars and Assistant Registrars including Camp Clerks to Inspectors and Sub-Inspectors were placed on divisional cadre December, 1949, by an order of the Governor of Punjab and there were two such divisions in Punjab viz., Ambala and Jullundur and the rules applicable to the service were the Punjab Cooperative Subordinate Service Rules, 1936. The result was that after the appointed day i.e. November 1, 1956, the staff of Junior and Senior Clerks of each of the three divisions of the composite state of Punjab continued to be organised as a separate cadre and the officers serving in the office of the Registrar of Co-operative Societies formed a different cadre. In the light of certain observations of the Subordinate Judge, Jullundur, in the judgment dated August 2, 1957, on the basis of a suit filed by some of the Clerks of the Office of the Registrar of Co-operative Societies, the Government of Punjab decided
(i) that a joint seniority list must be prepared on State-wise basis instead of divisional basis, in accordance with the Punjab Services Integration Rules, 1957; and
(ii) that pending preparation of the joint seniority list, promotion to the posts of Inspectors should be provisional.
On October 13, 1962, the Registrar of Co-operative Societies, Punjab, apparently with the approval of the Government, issued a directive to all gazatted officers in the Co-operation Department with regard to the procedure to be followed for promotion of Clerks to the post of Assistant/Head Clerks on the basis of State-wise joint seniority list. A joint seniority list was drawn up on March 1, 1963. The list was passed on to the Services Integration Department as it involved the integration of the services of the Co-operative Departments of the erstwhile States of Punjab and Pepsu. The Integration Department issued a provisional joint seniority list on March 9, 1964, which was circulated to all the members of the staff and representation were invited. After considering the representations received, the final gradation list was drawn up; it was approved by the Central Government and was issued by the Governor of Punjab by the notification dated February 11, 1966. The notification was published in the Punjab Gazette on March 11, 1966. In the meanwhile, the Government of India issued a directive dated April 18, 1965, to the Punjab Government under Section 117 of the States Reorganisation Act. 1956. The terms of the directive were:
"1. Promotions made before 27th February, 1961, on the basis of the Provisional Gradation Lists shall not be disturbed. Provided that the claims of officers for future promotions on the basis of seniority determined in accordance with the principles set out hereafter shall not be prejudiced.
"2. Promotions made after 27th February, 1961, on the basis of the Provisional Gradation Lists shall be reviewed to the extent necessary
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