HARKISHAN SINGH versus STATE OF PUNJAB & ORS.

Citation: [1971] SUPP. 1 S.C.R. 223 · Decided: 25-03-1971 · Supreme Court of India · Bench: C.A. VAIDYIALINGAM · Disposal: Dismissed

Judgment (excerpt)

.2:1.3 
RARKISHAN SINGH 
v. 
STATE OF PUNJAB & ORS. 
March 25, 1971 
[C. A. VAIDIALINGAM AND A. N. RAY, JJ.J 
Punjab Civil Medical Service Class I (Recruitment and Conditions of 
Service) Rules, rr. 2(c) 5 and 9(3)-Direct recruitment to Selection Grade-
l/ permitted by rules-Fixation of seniority in absence of rules. 
The appellant and the third respondent were members of the Punjab 
A 
B 
Civil Medical Service, Class I. 
The second Respondent, who was serv· 
C 
ing abroad, was offered the post of Civil Surgeon in the Punjab Civil 
Medical Service and he joined the post of Chief Medical Officer in the 
Punjab Civil Medical Service, Class I, temporarily. Applications for fill· 
ing up the post permanently were invited through the Public Service Com· 
mission, and the second respondent was selected and appointed. Thereaiter, 
he was appointed in the Selection Grade of the Punjab Civil Medical Service. 
Ten day• later, the appellant and the third respondent were also appointed 
to the selection Grade. 
D 
The appellant impeached the second respondent's appointment to the 
Selection Grade on two grounds: (I) that the appointment to the Selection 
Grade could only he by promotion from Punjab Civil Medical Service, 
Oass I, and not by direct appointment; and (2) even if the second respon-
dent could be appointed direct to the Selection Grade his seniority should 
be below that of the appellant and the third respondent, on the ground 
E 
Jhat the appellant and the dlird respondent were senior to the second res-
pondent in the time scale of Class I Service. 
HI:LD: (I) The Service as defined in r. 2(c) of the Punjab Civil Medi-
cal Service Class I (Recruitment and conditions of Service) Rules, means 
the Punjab Civil Medical Service Class I and the Selection Grade is a part 
and parcel of the Punjab Civil Medical Service Class I. Therefore, when 
F 
r. 5 specifically speaks of appointment to the Service by direct recruitment 
it embraces both Class I and the Selection Grade. The word appointment 
means both by promotion and by direct recruitment and is used in that 
sense in relation to the selection grade in r. S and in relation to the total 
number of appointments to the service in r. 9(3). 
Direct appointment 
to Selection Grade is not only contemplated in rr. 5 anll 9(3) but is also 
implicit in them. 
Further, the rules contemplate direct appointment to 
Selection Grade in proper cases when there are no suitable persons in 
G 
Class I time scale who can be promoted to the Selection Grade. 
(226!-; 2288-F] 
(2) The second respondent's appointment to the post of Chief Medical 
Officer was in consultation with the Punjab Public Service Commission as 
contemplated by r. 3, but the seniority list of the Class I service to which 
the appellant and the respondeqts belonged was not fixed. 
Where there 
are no specific rules in regard to the fixation of seniority in the Selection 
H 
Grade in the case of direct appointment, the second respondent, having 
been recruited earlier than the appellant and the third respondent, his 
seniority should not be disturbed. 
[:1.28G; 229CFJ 
\ 
224 
SUPl\l!ME COURT l\l!l'ORTS 
(1971] SUPP. s.c.a. 
A 
CivIL APPELLATE JUIUSDICTION : Civil Appeal No. 430 of 
1970. 
B 
c 
D 
E 
F 
G 
H 
Appeal by special leave from the judgment and order dated 
August 13, 1969 of the Punjab and Haryana High Court in 
L.P.A. No. 288 of 1968. 
Jagjit Singh Chawla, K. L. Mehta and S. K. Mehta, for 
the appellant. 
H. L. Sibbal, Advocate-General, Punjab and R. N. Sachthey 
for respondent No. I. 
V. C. Mahajan, S. S. Khanduja and V. P. Kohlo, for res-
pondent No. 2. 
The Judgment of the Court was delivered by 
Ray, J.-This is an appeal by special leave from the judg-
ment dated 13 August, 1969 of the High Court of Punjab and 
Haryana. 
The appellant was appointed and confirmed in Punjab Civil 
Medical Service Class I with effect from 26 February, 
1955. 
Respondent No. 3 Dr. S. S. Sekhon was confirmed in the same 
Class I service on 28 February, 1955. The time scale salary of 
Class I service is Rs. 60040-8()().50-900 with efficiency bar at 
800 /-. 
A class I officer on promotion to the selection grade is 
entitled to Rs. 1000 /-. 
Dr. Pritam Singh is a Fellow of the Royal College of 
Surgeons. 
He obtained qualifications in various post graduate 
medical courses in England and America. In 1961 he was serv-
ing the Government of Uganda in Africa at a salary of Rs. 30001-
p.m. in a permanent pensionable post. The Punj

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