Research › Browse › Judgment

Supreme Court of India · body

1998 DIGILAW 1446 (SC)

State Of Punjab v. Vinod Kumar

1998-12-15

A.S.ANAND, M.B.SHAH, V.N.KHARE

body1998
(1) LEAVE granted. (2) THE trial Court decreed the suit filed by the respondent holding that he was entitled to his seniority as Section Officer from the date of the appointment and not from the date of confirmation. The order dated 20th June, 1988 was consequently upset. The first appeal filed by the appellants was dismissed by the appellate Court and the High Court on 18th Nov. 1997 dismissed the second appeal in limine without giving any reasons. (3) HEARD learned counsel for the parties. (4) WE find that certain arguable points had been raised in the second appeal by the appellants, more particularly with regard to the application of the relevant rules in the matter of fixation of seniority of the respondent and those who were similarly situate. The import of those rules has not been considered. We are informed that two writ petitions filed by some other similarly situate officers, who have been permitted intervention in this case, are also pending in the High Court of Punjab and Haryana. We, therefore, consider it appropriate to allow this appeal and set aside the order of the learned single Judge of the High Court dated 18th Nov., 1997 and remit the second appeal to the High Court for afresh disposal on merits. It would be proper, if the appeal is heard along with the pending writ petitions expeditiously. (5) THE appeal succeeds and is allowed to the extent indicated above but without any order as to costs.