JUDGMENT

Suvir Sehgal, J.

Petitioner has approached this Court under Article 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari quashing impugned order dated 16.12.2022, Annexure P-11, passed by District and Sessions Judge, Moga-respondent No.2 whereby permission for submission of application against 21 posts of Punjab Civil Services (Executive Branch) (for short "PCS(EB)") from Register A-II (Process Year-2021) has been declined. Petitioner has further sought issuance of a writ in the nature of mandamus directing respondent No.2 to forward the off-line application form dated 05.12.2022, Annexure P-10, along with Annexure A, B and requisite certificate while treating the petitioner as eligible, being a confirmed employee, to respondent No.1 for further forwarding the same to respondent No.3-Punjab Public Service Commission, before the last date i.e. 12.01.2023 and for a consequential direction to respondent No.3 to consider the candidature of the petitioner for the post.

2. Facts leading to the filing of the present petition are that the petitioner was appointed on the post of Clerk by respondent No.2 vide appointment letter dated 13.03.2013, Annexure P-1, on a temporary basis on the recommendation made by respondent No.1. On completion of 04 years' service, he was granted the benefit of first ACP w.e.f. 19.05.2017. He was promoted to the post of Reader-III Senior Assistant vide order dated 03.03.2020, Annexure P-3. He was granted annual grade increment w.e.f. 01.03.2014 and 01.03.2015. In order to fill up posts of PCS(EB) from Register A-II, respondent No.3 issued letter dated 10.11.2022, Annexure P- 6, inviting online applications from eligible members of Group A and B services serving in connection with the affairs of the State of Punjab. The advertisement required submission of online application form on or before 10.12.2022 and the last date of depositing the hardcopy of the form along with other documents through the Head of the Department is 12.01.2023. Petitioner submitted the online application on 05.12.2022, Annexure P-10. When he came to know that hardcopy of the application is not being forwarded by respondent No.3, he approached this Court by filing CWP- 29398-2022. As an advance copy of the petition had been served upon the respondents, they produced a copy of order dated 16.12.2022, Annexure P- 11, which has been impugned herein, declining the permission. The writ petition was withdrawn by the petitioner on 20.12.2022, Annexure P-12, with liberty to assail the order passed by respondent No.2. Hence, this petition.

3. Upon notice, written statement has been filed on behalf of respondents No.1 and 2, contesting the petition. It has been submitted that the claim of the petitioner and other similarly placed employees has been rejected as they were appointed on temporary post and have not been confirmed against a permanent post. It has been submitted that they do not meet the eligibility criteria.

4. Counsel for the petitioner has urged that Rule 8 of the Punjab Subordinate Courts Establishment (Recruitment and General Conditions of Service) Rules, 1997, (hereinafter referred to as "Rules of 1997") provides a maximum probation period of three years, which has been completed by the petitioner and he stands automatically confirmed against the substantive post of Clerk. It is his specific argument that there is nothing on the record to show that the work and conduct of the petitioner is unsatisfactory and nothing adverse has been conveyed to him. Counsel submits that in the cadre of Clerk, he was granted the benefit of first ACP on completion of 04 years' satisfactory service and even on the promoted post, he has been released the annual grade increment, which show that he is working as a confirmed employee. Reference has also been made by the counsel to orders, Annexures P-13 and P-14 to submit that similarly situated employees working at District Courts Ferozepur and Fazilka hav