Judgment

VARADARAJAN, J.:- These appeals by special leave are against the common judgment of a Division Bench of the Himachal Pradesh High Court rendered in Writ Petitions Nos. 2 of 1980 and 288 of 1979. They were heard together by us in view of this Courts Order dated 6-11-1980. Writ Petition No. 288 of 1979 was filed by Dr. Jiwan Lal and Dr. (Mrs.) Damyanti Kapur against the State, of Himachal Pradesh. Dr. S. P. Kapoor, Dr. R. M. Bali and Dr. K. Pandeya. Writ Petition No. 2 of 1980, was filed by Dr. R. M. Bali against the State of Himachal Pradesh and eight others including Dr. Jiwan Lal, Dr. (Mrs.) Damyanti Kapur, Dr. S. P. Kapoor and Dr. K. Pandeya, who were respondents Nos. 8, 9, 6 and 7 respectively in the Writ Petition. Dr. S. P. Kapoor, the appellant in C. A. No. 2104 of 1980 is the second respondent in writ Petition No. 288 of 1979 and 6th respondent in W. P. No. 2 of 1980. Dr. Jiwan Lal, the appellant in C. A. No. 2384 of 1980 is the first petitioner in W. P. Number 288 of 1979 and 8th respondent in W. P. No, 2 of 1980.

2. Writ Petition No, 288 of, 1979, challenged the reversion of Dr. Jiwan Lal and Dr. (Mrs.) Damyanti Kapur, the petitioners therein from the post of Deputy Directors of Health Services, as illegal and violative of the conditions of service as also the provisions of the Constitution of India, In Writ Petition No. 2 of 1980 Dr. R. M. Bali prayed for quashing the seniority of specialists indicated in the Office Memo dated 2-11-1979 and Annexure PX-1 containing the list and for assignment of Serial No. 1 in the seniority list to him. Dr. R. M. Bali prayed for certain other reliefs also including declaration of the appointment of Dr. S. P. Kapoor as Director of Health Services as null and void and for his case being considered for appointment to that post on the basis of the seniority prayed for in his writ Petition.

3. The case of Jiwan Lal and Dr. (Mrs.) Damyanti Kapur, the Writ Petitioners in W. P. No. 288 of 1979, was that they were appointed as Deputy Directors of Health Services on a regular basis. The post of Deputy Director, Health Service was held by Dr. Jiwan Lal for 4 1/2 years and by Dr. (Mrs.) Damyanti Kapur for about 3 1/2 years. The appointment of Dr. S. P. Kapoor, the appellant in C. A. No. 2104 of 1980 and Dr. R. M. Bali and Dr. K. Pandeya (respondents 2 and 4 in W. P. No. 288 of 1979) as Deputy Directors of Health Services, is contrary to the provisions of the Himachal Pradesh Health Service Rules, 1974 (hereinafter referred to as the Rules). They were appointed in disregard of the rights of Dr. Jiwan Lal and Dr. (Mrs.) Damyanti Kapur. The Departmental Promotion Committee constituted for making the appointment was not properly constituted as one of the members of the Committee, namely, the Principal Secretary to the then Chief Minister was unauthorisedly inducted into the Committee in the place of the Secretary to Government, Health and Family Welfare Department, Himachal Pradesh. Therefore, the proceedings of the Committee are vitiated. The annual confidential reports of the petitioners Dr. Jiwan Lal and Dr. (Mrs.) Damyanti Kapur were initiated by an officer who was not only junior to them but also an aspirant for promotion to the higher post along with them. Therefore, those confidential reports should not have been taken into consideration for further promotion by the Departmental Promotion Committee. The appointment of Dr. S. P. Kapoor, the appellant in C. A. No. 2104 of 1980, Dr. R. M. Bali and Dr. K. Pandeya, respondents 2 and 4 in that Writ Petition was made in haste on 3-11-1979, immediately after the final seniority list was issued on 2-11-1979. The appointment of Dr. S. P. Kapoor, the second respondent in W. P. No. 288 of 1979 and appellant in C. A, No. 2104 of 1980 as Director of Health Services on the same day is illegal as he did not satisfy the conditions prescribed in the Rules and he did not have even the requisite qualifying service. Further the post of Director of Health Se