The main legal point established in the judgment is the determination of seniority for promotion to the post of Sanitary Inspectors, emphasizing the maintenance of seniority based on the date of attaining eligibility for promotion as per the memo dated 12.08.1994, and the unfairness of giving seniority based on length of service.

JUDGMENT

Arun Monga, J. - The question herein that arises, inter alia, for adjudication by this Court in the above-referred three writ petitions is, whether the seniority of different feeder cadre posts for the purpose of promotion to the post of Sanitary Inspectors is to be maintained as per Rule 11 of the Punjab Municipal Services(Recruitment and Conditions of Services) Rules, 1975 (for brevity, 1975 Rules) or as per Memo dated 12.08.1994(Annexure P-1) issued by the Director Local Government, Government of Punjab. Since common question of law and facts is involved, I propose to dispose of all the three writ petitions by this common order passed in CWP No. 10402 of 2016.

2. At the time of issuance of notice, my learned Senior Brother Rajiv Narain Raina, J. passed the following order 24.05.2016, which summed up the case:-

"Draws attention to Appendix B (Rule 4 and Sub Rule 2 of Rule 5) of the Punjab Municipal Services (Recruitment & Conditions of Service) Rules, 1975 which prescribes qualifications for promotion to the post of Sanitary Inspectors from amongst feeder municipal employees who possess Sanitary Inspector's Certificate. As per note to memo dated 12.8.1993, seniority list had to be prepared on the basis of date of passing of Sanitary Inspector's Certificate [on successful completion of course/diploma as stated by Mr. Arora]. It is prescribed that seniority prepared in this manner was only for purposes of consideration for promotion to the post of Sanitary Inspectors and not for others. Mr. Arora submits that there are several categories of posts including Clerks, Junior Assistants, Sanitary Supervisors, Peons, Malis etc., who form a joint cadre with a common seniority list maintained. The consideration for promotion are only for those who hold the Certificate, and therefore, theoretically speaking there are virtually two seniority lists; one for the purposes of joint administration while the other for purposes of promotion to the post of Sanitary Inspectors based on earning qualification. The position remained as per note of the Circular of 12.8.1993 (Annex. P-1) till the issuance of memo dated 24.12.2015 (Annex. P-2) coming from the office of the Director of Local Government, Punjab. Henceforth, all persons have been made eligible for consideration for promotion to the post of Sanitary Inspectors based on length of service. Mr. Arora argues that though instructions fill gaps but cannot supplant rules and only supplement them. The instructions according to him fly in the face of the Appendix B of the Rules and rewrite it, which is impermissible without amending the rules. The seniority has been finalized by Annex P-9. Besides the challenge to the final seniority list on the above reasoning, the grievance is also that objections filed by the petitioners [Annex P-4 to P-8] have not been dealt with by any meaningful reasoning, nor conveyed to them though they were offered the lip service of hearing before the impugned seniority list was published."

3. In the aforesaid background, brief factual narrative first.

4. Petitioners herein are Municipal employees working on ClassIII and IV posts such as Clerks, Junior Assistants, Helpers, Mali-cumChowkidar, Electricians, Daftris, Record Lifters, Beldars, Mates etc. They all become eligible for being considered for promotion to the post of Sanitary Inspector subject to fulfillment of their eligibility i.e. on the basis of date of passing of the prescribed qualifications under the Rules. No feeder cadre has been specified for promotion to the post of Sanitary Inspectors. All Municipal employees irrespective of their lower posts, cadre, class or group are, thus, eligible for consideration of their claim for said promotion, provided they hold Sanitary Inspector Certificate from any recognized institutions/ University. The Government took a decision vide memo dated 12.08.1994 to prepare a common seniority list of eligible candidates on the basis of date of passing of Sanitary Inspect