TMI Blog1990 (2) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... Civil Writ Petition Nos. 677/79 and 97/79 and a few other petitions dated May 2, 1980, on the file of High Court of Punjab and Haryana at Chandigarh. The writ petitions were dismissed and the appellants had leave of this court under Article 136 of the Constitution. The facts lie on a short compass and reference to the facts on record in Civil Writ No. 97 of 1979 are sufficient for disposal of these appeals. Writ Petition No. 97 of 1979 relates to Punjab service while Civil Writ Petition No. 677/79 relates to Haryana. 2. The appellants were direct recruits to the ministerial services in the subordinate offices of the Directorates of Agriculture of the respective states. Admittedly all are governed by Punjab Subordinate Agricultural Servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the office of the respective Directorates. They possessed the same qualifications; their scales of pay are now the same. Their service conditions are also the same under the rules, and therefore, they are entitled to maintenance of common seniority for the purpose of promotion. It is seen that the appointments were made somewhere in 1973. From the list produced before us in Civil Appeal No. 3221/82 relating to the State of Haryana, among the persons selected by the Recruitment Board, though some of the persons are found to have secured higher ranking in the list prepared by the Selection Board, they were appointed to the Subordinate Offices while persons below them, in ranking were appointed in the Directorate. When we enquired from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tant-- (i) by promotion from amongst Assistant and Stenographers with clerical experience who have proved their fitness for the appointment, or (ii) by selection from amongst clerks employed in the office of Government other than the office of the Director. Rule 7(1)(K): the case of Superintendent or Head Clerk of a Subordinate Office-- (i) by promotion from amongst Senior Clerks who have proved their fitness for the post, or (ii) by selection from amongst clerks employed in Government Office other than the office in which the post/office is to be filled. Rule 7(1)(L): In the case of Assistant-- (i) by promotion from amongst Senior Clerks in their respective offices who have proved their fitness for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clearly shows that for the appointment of all the posts including Junior Clerks in the Head Office, the appointing authority is the Director. All appointments to the post of Junior Clerks other than Head Office shall be by the concerned Head Office. As per the appendix, the staffing pattern in the Office of the Director of Agriculture and the Subordinate Offices is entirely different. The only common element is the Senior Clerks. The seniority is to be maintained on the basis of the substantive appointment to the respective cadres. The seniority Of the members of the service shall, in each class of appointment shown in the appendix be determined by the date of their substantive appointment or promotion or otherwise to permanent vacancies in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cadre may be permanent or temporary. It is seen from the appendix that in the office of the Directorate there is one Superintendent, three Head Assistants, four Assistances, two Stenographers, seven Senior Clerks and twelve Junior Clerks. In the Subordinate Offices, there is one Superintendent, seven Head Clerks and two Senior Clerks. This is obviously on the basis of administrative need. No doubt the office of the Directorate and the Subordinate Offices have been compendiously shown in Section 6 of the Appendix. That does not by itself mean that office of the Directorate and Subordinate Offices are treated under the rules as one unit or at par. as contended for by Shri P.P. Rao. As pointed out in the beginning, the Director had committed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n an executive authority must be confined within clearly defined limits. The rules provide the guidance for exercise of the discretion in making appointment from out of selection lists which was prepared on the basis of the performance and position obtained at the selection. The appointing authority is to make appointment in the order of gradation, subject to any other relevant rules like, rotation or reservation, if any, or any other valid and binding rules or instructions having force of law. If the discretion is exercised without any principle or without any rule, it is a situation amounting to the antithesis of Rule of Law. Discretion means sound discretion guided by law or governed by known principles of rules, not by whim or fancy or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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