C.W.P. No. 15501 of 2009 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 15501 of 2009 Date of Decision: July 20,2011 Sukhdev Singh Bhullar and others ............. Petitioners Versus State of Punjab and others ................... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. P.S.Dhaliwal, Advocate for the petitioners. Mr. Sandeep Moudgil, DAG, Punjab. ... RITU BAHRI, J. Petitioners are seeking a writ of Mandamus directing the respondents to prepare a separate seniority list of petitioners and other (Sports Officers, Gazetted Grade-II, now falling in Group-B) and quash the seniority list dated 16.2.2005 (Annexure P5) qua the petitioners by clubbing the respondents who are Class III Coaches (now Group 'C'). Petitioners No. 1 to 5 were appointed as Coaches in Punjab Panchayati Raj Khed Prishad. This Khed Prishad C.W.P. No. 15501 of 2009 [ 2 ] was constituted on 21.10.1969. This was under the control of government officers. There are three departments in the State of Punjab looking after sports separately i.e. i) Punjab State Sports Department, ii) Sports Coaches of the Education Department, and iii) Coaches of Punjab Panchayati Raj Khed Parishad. In all the three departments there were designations of Junior Coaches, Coaches, Senior Coaches and District Sports Officers. Vide notification dated 31.3.1993 Government of Punjab decided to merge all the three departments. Petitioners joined the services in the Directorate of Sports and Youth Services in the State of Punjab on 1.4.1993. Some Coaches challenge the merger by filing writ petitions. The High Court quashed the notification dated 31.3.1993 (Annexure P1). Thereafter another notification dated 23.2.1998 was issued (Annexure P2). In pursuance to notification dated 31.3.1993 petitioners No. 1 to 5 were continuing in the newly created department i.e. Department of Sports and Youth Services. They were drawing their salaries and other benefits from the newly created departments. The petitioners made a representation to the State Government for confirming the status of Gazetted Officers Class-II which they were holding in the parent department before merger. Vide notification dated 5.5.1999 (Annexure P3) the State of Punjab declared the petitioners as Gazetted Officers (Class-II). It was ordered C.W.P. No. 15501 of 2009 [ 3 ] that their services will be governed by Punjab Sports Class-II Service Rules, 1990 with effect from 23.2.1998. Petitioner No.6 has been promoted as Coach Class-II in the Sports Directorate vide order dated 9.7.1998 (Annexure P4). A common seniority list was prepared and objections were invited. Petitioners filed their objections. A common seniority list was issued on 16.2.2005 in which names of all the Coaches were shown jointly without making any distinctions between Class-II and Class-III employees as per the date of joining. Mr. P.S.Dhaliwal, learned counsel for the petitioners, contends that the petitioners have been shown junior to Class III Coaches. They made representations against the seniority list on 2.8.2007 (Annexure P6). Vide notification dated 8.9.2000 the State Government in pursuance to implementation of recommendation of the 4th Pay Commission Report re-designated the services in the State of Punjab as Group-A, Group-B, Group-C and Group-D. The relevant part of the said notification is reproduced below:- “Subject: Implementation of the recommendations of the 4th Punjab Pay Commission-classification of posts-criteria thereof:- All the Financial Commissioners, Principal Secretaries and Administrative Secretaries to the C.W.P. No. 15501 of 2009 [ 4 ] Government of Punjab may kindly refer to Punjab Government instructions bearing I.D. No. 11/7/78- 1 PP dated 26.6.1984 (copy published in the manual of instructions on service matters Vol.II at page 491 on the subject noted above. 2. With the revisions of scales of pay w.e.f. 1.1.1996, the criteria for the classification of posts previously laid down vide instructions dated 26.6.1984 referred to above, has been reviewed, and it has been decided that classification should be determined on the basis of following norms:- “Group A: Posts in initial entry revised scales of pay having a maximum of `11,660/- or more; Provided that all existing Class-I posts irrespective of the monetary limits of the pay scales shall be placed in Group 'A'. Group B: Posts in initial entry revised scales of pay with maximum ranging between ` 10640 to 11659. Group C: Posts in initial entry revised scales of pay with maximum ranging between ` 5160 to ` 10639. Group D: Posts carrying initial entry revised scales of pay the maximum of which is less than `5160/-. C.W.P. No. 15501 of 2009 [ 5 ] 3. It has been decided that the official placed in Group 'A' only shall be given the Gazetted status. Provided all those posts which presently are in Class-I and Class-II (Gazetted) henceforth will fall in Group-B shall continue to have the Gazetted status. 4.Decisions contained in these instructions shall be applicable with immediate effect and the Administrative Departments may take necessary action to notify the charge in grouping in 'A' 'B' 'C' and 'D' instead of Class-I, II, III and IV and as Gazetted/non-Gazetted status through appropriate amendments in the service Rules as per th above criteria. 5. Necessary amendment in the Punjab Civil Services Rules shall also be carried out in due course by the Department of Finance. 6.This issues with concurrence of Department of Finance as covered by them vide their I.D. No. 17/1/99-SFP-2 dated 21.8.2000.” As per the above notification, Class-II Gazetted posts fall in Group 'B'. By a subsequent notification dated 7.3.2001 it was clarified that Rule governing Class-II employees will govern the services of Group 'B' employees. Since the petitioners are governed by Class-II Rules of 1990 C.W.P. No. 15501 of 2009 [ 6 ] their seniority cannot be clubbed with Class-III employees in the seniority-list by having a joint seniority-list with Class-III employees. The petitioners are not being appointed as District Sports Officers and they have to work under Class-III employees. The fact of having a joint seniority is that Group 'C' Class-III employees become eligible for promotion as District Sports Officer which is a Group 'A' post. In this manner all the officers falling in Group 'B' are facing stagnation. Reference is being made to orders dated 31.8.2009 posting junior persons as District Sports Officers. Mr. Sandeep Moudgil, DAG, Punjab, has referred to the recommendations of the 5th Punjab Pay Commission and instructions dated 13.10.2009 (Annexure R3) by which all the Coaches have been placed in Group 'B'. The Government of Punjab vide order dated 8.11.2000 has withdrawn the gazetted status from Class-II employees of the State (Annexure R2). It has been clarified that all these posts will fall in Group 'B' and has decided to do away gazetted status completely and has Group based purely on pay scale. The power of attestation exercised by Gazetted Officers will henceforth be exercised by all Group 'A' and Group 'B' officers. It was recommended that necessary amendments in Rules and Regulations be made expeditiously. The petitioners were given Gazetted Class-II status with effect from 23.2.1998 i.e. the date of merger of three departments. C.W.P. No. 15501 of 2009 [ 7 ] They were not Gazetted Class-II employees in the Punjab Panchayati Raj Khed Parishad before merger. As per instructions issued by Government of Punjab, Department of Personnel, dated 8.9.2000 Government reviewed the criteria for classification of the posts decided for classification on the basis of pay scales. As per Annexure R-4 the posts of Coaches fall in Group 'C' as the initial entry of this category fall in pay scale of `5160-10639. The Punjab Government did away with Gazetted status of Group 'B' employees as per Annexure R2. Government notified Punjab Sports (Group 'C') Service Rules, 2001 in which posts of Coaches fall in Group 'C'. As per these instructions, joint seniority-list was issued on 15.2.2005. The services of the petitioners being governed by the Punjab Sports (Group 'C') Service Rules, 2001 there is no infirmity in issuing a joint seniority-list dated 16.2.2005. After hearing learned counsel for the parties, the undisputed facts are that vide order dated 31.3.1993 the three Wings of Sports were merged (Annexure P1). Subsequently, fresh options were invited from the concerned employees and they were absorbed in the Sports Department vide notification dated 23.2.1998 (Annexure P2). Vide notification dated 26.2.2001 (Annexure R6) Rules regulating the conditions of service of persons appointed to the Sports Department (Group 'C') were issued. All the posts of Coaches fall in Group 'C' vide instructions issued by the C.W.P. No. 15501 of 2009 [ 8 ] Punjab Government dated 8.9.2000. Government had decided to classify the posts on the basis of pay scale. The posts of Coaches fall in Group 'C' as the initial entry of their category fall in pay scale of `5160-10639 as per Annexure R4. Counsel for the petitioner has not been able to dispute this factual position. In view of the fact that new Rules have been notified in the year 2001 in which all the posts of Coaches fall under Group 'C', no ground is made out to set aside the seniority-list issued on 16.2.2005. The petition is dismissed. 20.7.2011 ( RITU BAHRI ) Rupi JUDGE