D K KHANNA Vs. UNION OF INDIA
LAWS(HPH)-1972-10-1
HIGH COURT OF HIMACHAL PRADESH
Decided on
October 03,1972
D.K.KHANNA
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
VERNON V. MANNERS [REFERRED TO]BRIDGMAN V. HOLT [REFERRED TO]
R. V. SUNDERLAND JUSTICES [REFERRED TO]
R. V. RAND [REFERRED TO]
BECQUET V. LAMPRIERE [REFERRED TO]
R. V. WOODHOUSE [REFERRED TO]
MEWA RAM V. NARAIN [REFERRED TO]
SOHRAB PALANJI KAPADIA V. EMPEROR [REFERRED TO]
IN RE: WOLVERHAMPTON BOROUGH COUNCIL'S ALDERMANIC ELECTION [REFERRED TO]
EX PARTE: R. V. SUSSEX JUSTICES,MCCARTHY [REFERRED TO]
FRANKLIN V. MINISTER OF TOWN AND COUNTRY PLANNING [REFERRED TO]
EX PARTE: REX V. ESSEX JUSTICES,PERKINS [REFERRED TO]
FROME UNITED BREWERIES CO. V. BATH JUSTICES [REFERRED TO]
MANAK LAL ADVOCATE VS. PREM CHAND SINGHVI [REFERRED TO]
A K KRAIPAK VS. UNION OF INDIA [REFERRED TO]
CHINTA LINGAM GUGGILA RAMAIAH VS. GOVERNMENT OF INDIA:THE UNION OF INDIA [REFERRED TO]
K R CHARI VS. SECUNDERABAD CANTONMENT BOARD [REFERRED TO]
Cited Judgements :-
KUMKUM PRAKASHAN VS. STATE OF GUJARAT [LAWS(GJH)-1989-2-4] [RELIED ON]RAJ DHAR VS. U P HIGHER EDUCATION SERVICE COMMISSION [LAWS(ALL)-1987-8-21] [REFERRED TO]
N SUBRAMANIAN VS. DISTRICT ELEMENTARY EDUCATIONAL OFFICER [LAWS(MAD)-2010-6-242] [REFERRED TO]
ROOP KRISHAN BHAT VS. UNIVERSITY OF KASHMIR [LAWS(J&K)-1997-7-35] [REFERRED TO]
JUDGEMENT
R.S. Pathak, C.J. -
(1.)The petitioners in the two writ petitions before us challenge the validity of the Select List of the year 1971 prepared under the Indian Administrative Service (Appointment by Promotion) Regulations. 1955.
(2.)Shri D. K. Khanna, who has filed Civil Writ Petition No. 5 of 1972. ipined the Punjab Civil Service (Executive Branch) as a Magistrate in 1954, and was confirmed in the Service with effect from May 8, 1958. Kr. Site Ram, who has filed the connected Civil Writ Petition No. 11 of 1972. entered the Patiala and East Punjab States Union Administrative Service in 1955, and upon the merger of that Union into Punjab on November 1. 1956, he was absorbed into the Punjab Civil Service (Executive Branch). With effect from November 1, 1966, the two petitioners. Sh. D. K. Khanna and Kr. Sita Ram. were provisionally allotted to the Union Territory of Himachal Pradesh under Section 82 (1) of the Punjab Reorganisation Act, 1966.
(3.)At the time the only Civil Service in the Union Territory was the Delhi Himachal Pradesh and Andaman and Nicobar Islands Civil Service (conveniently described as the Dhanic Service). It was created and governed by the Delhi, Himachal Pradesh and Andaman & Nicobar Islands Civil Service Rules. 1965. The Punjab Civil Service Officers provisionally allotted to Himachal Pradesh claimed that they should be considered for promotion to the Selection Grade of the Dhanic Service, but on July 19, 1967. the Government of India stated that they could be so considered only after they were appointed to that Service and their seniority fixed therein. On August 17, 1967. the Government of India wrote to the Chief Secretary of the Himachal Pradesh Government that the question of amending the Dhanic Service Rules. 1965. for the Purpose of absorbing the Punjab Civil Service Officers finally allotted to Himachal Pradesh in the Dhanic service was under consideration. It was laid down that the seniority of those officers would be determined with reference to their date of appointment to the Punjab Civil Service.
(2.)Shri D. K. Khanna, who has filed Civil Writ Petition No. 5 of 1972. ipined the Punjab Civil Service (Executive Branch) as a Magistrate in 1954, and was confirmed in the Service with effect from May 8, 1958. Kr. Site Ram, who has filed the connected Civil Writ Petition No. 11 of 1972. entered the Patiala and East Punjab States Union Administrative Service in 1955, and upon the merger of that Union into Punjab on November 1. 1956, he was absorbed into the Punjab Civil Service (Executive Branch). With effect from November 1, 1966, the two petitioners. Sh. D. K. Khanna and Kr. Sita Ram. were provisionally allotted to the Union Territory of Himachal Pradesh under Section 82 (1) of the Punjab Reorganisation Act, 1966.
(3.)At the time the only Civil Service in the Union Territory was the Delhi Himachal Pradesh and Andaman and Nicobar Islands Civil Service (conveniently described as the Dhanic Service). It was created and governed by the Delhi, Himachal Pradesh and Andaman & Nicobar Islands Civil Service Rules. 1965. The Punjab Civil Service Officers provisionally allotted to Himachal Pradesh claimed that they should be considered for promotion to the Selection Grade of the Dhanic Service, but on July 19, 1967. the Government of India stated that they could be so considered only after they were appointed to that Service and their seniority fixed therein. On August 17, 1967. the Government of India wrote to the Chief Secretary of the Himachal Pradesh Government that the question of amending the Dhanic Service Rules. 1965. for the Purpose of absorbing the Punjab Civil Service Officers finally allotted to Himachal Pradesh in the Dhanic service was under consideration. It was laid down that the seniority of those officers would be determined with reference to their date of appointment to the Punjab Civil Service.
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