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2003 DIGILAW 273 (PNJ)

Narinder Singh v. State Of Punjab

2003-02-13

HEMANT GUPTA, S.S.NIJJAR

body2003
Judgment S.S.Nijjar, J. 1. The petitioner was selected and appointed as Block Development & Panchayats Officer on 17 August, 1984. He was put on probation for a period of two years. However, his period of probation was extended by one year. The petitioner made a representation against the extension in the period of probation. In the meantime, the respondents issued a tentative seniority list and the petitioner was shown at serial No. 244. Seniority of the petitioner had been calculated by keeping in view the extended period of probation. Without considering the objections of the petitioner to the tentative seniority list, the same was finalised in the year 1991. The petitioner was constrained to file a C.W.P. No. 13388 of 1992 challenging the said seniority list. The writ petition was admitted and is still pending adjudication. However, a statement has been made by the learned counsel for the petitioner that the aforesaid writ petition will be withdrawn as the entire dispute will be decided in the present writ petition. 2. After the admission of the aforesaid writ petition, the respondents reconsidered the case of the petitioner and passed art order on May 09, 1995. It was declared that the petitioner has completed the period of probation w.e.f. August 17, 1986. Before any consequential relief could be granted to the petitioner in terms of the order dated May 09, 1995, the respondents issued a show cause notice to all the persons likely to be affected on December 18, 1995. Subsequently, vide order dated March 12, 1996, the petitioner was given seniority at serial No. 205-A above Jiwan Parkash Singla in the seniority list which had been finalised in the year 1991. After the grant of the seniority to the petitioner, the respondents constituted a Departmental Promotion Committee to consider him for promotion as District Development & Panchayats officer w.e.f. the date J.P. Singla, his immediate junior had been promoted. After consideration of this case on April, 03, 1998, the Departmental Promotion Committee recommended the petitioner for promotion w.e.f. June 01, 1992 i.e. the date on which J.P. Singla was promoted as District Development & Panchayats Officer. After recommendation of the Departmental Promotion Committee, the petitioner was not actually promoted. Further more, in the final seniority list of D.D.P.O. dated 18.5.2000 the petitioner has been placed at serial No. 169 on the basis that his probation period had been extended. After recommendation of the Departmental Promotion Committee, the petitioner was not actually promoted. Further more, in the final seniority list of D.D.P.O. dated 18.5.2000 the petitioner has been placed at serial No. 169 on the basis that his probation period had been extended. Thus the date of appointment of the petitioner on the post of BDPO has been shown as 17.8.1985. It is this action of the respondents which has been challenged by the petitioner by way of the present writ petition under Articles 226/227 of the Constitution of India. 3. The respondents have filed the written statement and controverted the claim put forward by the petitioner. It is stated that the present writ petition is not maintainable since the petitioner has already challenged the seniority list in C.W.P. No. 13388 of 1992. It is also submitted that the seniority lists of the Block Development & Panchayats Officers were being recast in view of the judgments of the Supreme Court in Ajit Singh Janjua I and II cases. 4. We have heard the learned counsel for the parties at length. 5. It, is to be noticed that the petitioner was initially appointed as Block Development & Panchayats Officer on August 22, 1984. Although the probation period of the petitioner had been initially extended by one year but vide order dated October 31, 1995, it was certified that the petitioner has completed the probation period successfully w.e.f. August 17, 1986. Therefore, the petitioner had cleared the probation within the stipulated period. He was, therefore, entitled to be placed above J.P. Singla aforesaid. The petitioner was, in fact, given the correct seniority in the cadre of Block Development & Panchayats Officer and he was placed at serial No. 205-A of the seniority list of Block Development & Panchayats Officers. Subsequently, the date of appointment of the petitioner is sought to be changed only on account of the fact that C.W.P. No. 13388 of 1992 is pending in this Court. As noticed earlier, the petitioner has stated that the aforesaid writ petition would be withdrawn. Therefore, pendency of the aforesaid writ petition cannot be a justification for withdrawing the final seniority rightly granted to the petitioner. Further more, the petitioner has been permitted to satisfactorily complete probation period by the order dated May 09, 1995. By this order, earlier order dated December 04, 1987 has been superseded. Therefore, pendency of the aforesaid writ petition cannot be a justification for withdrawing the final seniority rightly granted to the petitioner. Further more, the petitioner has been permitted to satisfactorily complete probation period by the order dated May 09, 1995. By this order, earlier order dated December 04, 1987 has been superseded. Consequently, the petitioner has been restored the original seniority above J.P. Singla. The Departmental promotion Committee had also recommended the petitioner for promotion to the post of District Development & Panchayats Officer w.e.f. such date the petitioner junior to him was promoted on the said post. 6. We are of the considered opinion that the respondents have illegally rejected the claim of the petitioner. Action of the respondents is clearly arbitrary and violative of Articles 14 and 16 of the Constitution of India. The petitioner is entitled to be promoted to the post of District Development & Panchayats Officer w.e.f. the date his immediate junior was promoted i.e. June 01, 1992 as recommended by the Departmental Promotion. Committee held on April 03, 1998. 7. In view of the above the writ petition is allowed. It is held that the petitioner has successfully completed period of probation w.e.f. August 17, 1986. The petitioner is held senior to Jiwan Parkash Singla on the post of Block Development & Panchayats Officer. He is entitled to be promoted on the post of District Development & Panchayats Officer from the date when Jiwan Parkash Singla was promoted. The petitioner is held entitled to all consequential benefits such as arrears of salary etc. No costs.