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1964 Supreme(P&H) 141

I.D.DUA, H.R.KHANNA, S.B.CAPOOR
Brijlal Goswami – Appellant
Versus
State Of Punjab – Respondent


Judgment

H.R.Khanna, J.

1. In the present and seven connected petitions Nos. 1089, 1090, 1091, 1092, 1093, 1114 and 1115 of 1962 under Article 226 of the Constitutions of India the Division Bench, consisting of Mehar Singh J. and myself, referred the following two questions for decision obey a larger Bench:

"(1) Whether the order of the Punjab Government dated 29th September 1961 bifurcating the P. E. S. (Class II) into school and Collage Cadres is violative in whole or in part of the principle of preserving inter seniority embodied in rule 16 of the Punjab Services Integration Rule 1957?

(2) Are the promotions to P. E. S. (Class I), in the wake of the aforesaid bifurcation of the respondents who were originally junior to the petitioners in the joint P. E. S. (Class II) list in preference to the petitioners on the sole ground of the nature of the said Rule and Article 16 of the Constitution.

2. The petitioners filed these petitions on the allegations that there were two classes of gazetted officers in the Education Department in the Punjab before the merger of Pepsu and Punjab States. The P. E. S. (Class I) comprised all officers at the head quarters, Principals of Colleges, Profess
















































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