PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH versus STATE OF PUNJAB AND ORS.

Citation: [2018] 13 S.C.R. 91 · Decided: 03-10-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Leave Granted & Allowed

Cited by 2 judgment(s) · cites 5 · see the full citation network in Lexace

Judgment (excerpt)

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HON’BLE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
   v.
   STATE OF PUNJAB AND ORS.
(Civil Appeal Nos. 5518-5523 of 2017)
OCTOBER 03, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Service Law:
Inter-se seniority – Between three streams of Superior Judicial
Service i.e. promotees, direct recruits and out of turn promotees –
In the seniority list promotee officers were placed at serial Nos. 1 to
14; at serial Nos. 15 and 16 were direct recruits; out of turn promotees
at serial Nos. 17 to 24 and at serial Nos. 25 to 35 were direct recruits
– Writ petition by direct recruits and out of turn promotees
challenging the seniority list – High Court allowing the petitions
held that the promotees were in excess of quota and hence should
be treated as ad hoc and placed at the bottom of seniority list and
directed to re-cast the seniority list – On appeal, held: Prior to
amendment of Service Rules of 1963 in 2004, 75% of the cadre was
required to be filled up by promotees and 25% by direct recruits –
After the amendment in 2004, promotion quota was fixed as 50%,
25% for out of turn promotees (by departmental examination) and
25% for direct recruits – The amendment of Service Rules in 2004
was as a result of direction in *All India Judges’ Association case –
The judgment in the case being prospective, the ratio of officers as
existing before unamended Rules cannot be adversely affected –
Determination of quota which existed prior to and subsequent to
amended Rules have to be treated differently – Determination of
seniority as brought in place by 2007 Rules, cannot be implemented
so as to defeat any existing right – Promotition of officers u/r. 7(3)(a)
of Service Rules was in accordance with the service Rules and their
promotion canot be treated ad hoc nor they can be pushed to the
bottom of seniority list – Out of turn promotion quota having been
culled out only as per judgment in *All India Judges’ Association
case, the said quota will come into existence propectively – Therefore,
out of turn promotees cannot claim 25% quota from day one – Thus
[2018] 13  S.C.R. 91
                                                  91
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SUPREME COURT REPORTS
[2018] 13  S.C.R.
there is no patent error in calculation of the vacancies – Recruitment
made from three different streams cannot be faulted – Supreme Court
in *All India Judges’ Association case had directed for adopting
roster system – Quota was throughout present in 1963 Rules, which
has been amplified in 2007 Rules – The purpose and object of r. 7
of 2007 Rules r/w Appendix-B is clear that roster is to be followed
for determination of seniority – Therefore, roster is applicable in
determining the seniority – All the Fast Track Court Judges who
were taken into regular cadre in different streams have been rightly
placed in seniority list – The seniority positition  of the officers of
the three streams is determined as per the roster as indicated in
Appendix-B – Punjab Superior Judicial Service Rules, 1963 – r. 8
– Punjab Superior Judicial Service Rules, 2007 – rr. 7(3)(a),(b)
and (c); 7(4),8,12(3) and Appendix B.
Allowing the appeals, the Court
HELD: 1.1 From 28.01.1991, Rule 8 of Punjab Superior
Judicial Service Rules, 1963 was amended providing for three-
fourth of the cadre to be filled up by promotee officers and one-
fourth by direct recruits.  The above position continues till Rules
were amended in 2004 under the direction of this court in *All
India Judges’ Association case. For the first time by amending
Punjab Superior Judicial Service Rules on 15.01.2004, the
promotion quota under Rule 8 was fixed as 50 per cent, 25 per
cent for limited departmental competitive examination and as
far as for direct recruits, earlier 25 per cent was maintained.
[Paras 39 and 40][116-H; 117-A-B]
1.2 The cadre strength as on 13.09.2007 was 89, which was
increased on 10.11.2007 to 107.  After the amendment of Rules
on 15.01.2004, promotion of 10 officers were made. The cadre
strength before 2004 was 88.  Thus, in the year 2004, when the
cadre strength was 88, 75 per cent posts were to be manned by
promotees under merit-cum-seniority, i.e. 66 were to be manned
by promotee officers.  The judgment in *All India Judges’
Association case  being prospective, the ratio of officers as existing
before unamended Rules can not be adversely affected.  A
promotee before the amendment of Rules, 2004, who was well
within their quota, suddenly cannot go out of their quota and
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