O P MALHOTRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The dispute in this case relates to the inter se seniority between the appellant and respondents 2, 3 and 4. They are all Engineers in the Punjab Service of Engineers (Buildings and Roads Branch) Class I. By a notification dated February 18, 1960 the Governor of Punjab had fixed the seniority of class I officers in the Punjab Service of Engineers (Buildings and Roads Branch) including the appellant and the respondents 2, 3 and 4. In this seniority list the appellant held the 5th position and respondents 2, 3 and 4 occupied the 7th, 8th and the 12th position respectively. By another order made on August 28, 1969 the Governor of Punjab refixed the seniority of these four officers on the ground that the seniority determined earlier was based on a wrong application of the Service Rules. The order reads:

(2.) To appreciate the questions arising for decision in this appeal, it would be necessary to find out how the appellant and the respondents 2, 3 and 4 came to occupy the positions they did in the previous seniority list which was revised by the impugned order and the notification. The appellant O. P. Malhotra, was appointed as Assistant Executive Engineer on July 3, 1951 on the result of an open competitive examination held by the Punjab Public Service Commission (hereinafter referred to as the Commission) to fill four vacancies in the Punjab Service of Engineers, Class I. Buildings and Roads Branch. In this examination respondent 2, though permitted to appear, did not sit for the examination. There is some dispute as to the exact date when the appellant was confirmed in the post of Assistant Executive Engineer: the appellant claims that he was confirmed on July 3, 1953 but according to the respondents the date of confirmation is January 14, 1954. There is however no dispute that the appellant was promoted to officiate as Executive Engineer on July 1 1954 and was confirmed as Executive Engineer on September 1,1956. On May 30. 1962 he was promoted as officiating Superintending Engineer and was confirmed in the post at Superintending Engineer on March 11, 1966.

(3.) Respondent 2. D. K. Sehgal was appointed bv the Punjab Government as Temporary, Assistant Executive Engineer in April 1947. He was promoted as officiating Executive Engineer on November 9, 1949. The validity of this officiating appointment which was made without the approval of the Commission is disputed. However in June 1950 he was reverted as Temporary Assistant Executive Engineer. In November 1950 he was considered for departmental promotion as Assistant Executive Engineer, in the Punjab Services of Engineers, Class I Buildings and Road Branch, against two vacancies, but was not found suitable by the Commission. It appears that though he was not found fit by the Commission for the post of Assistant Executive Engineer, he was promoted again by the Punjab Government to officiate as Executive Engineer, again without the approval of the Commission .In January 1951 he was allowed to appear in the competitive examination held by the Commission for recruitment to the post of Assistant Executive Engineer but, as stated already he did not sit for the examination. It is on the result of this examination that the appellant was appointed as Assistant Executive Engineer, In December 1951 the Commission considering cases for departmental promotion again found him unsuitable to fill any of the three existing vacancies in the post of Assistant Executive Engineer. On May 9, 1953 he was appointed as Assistant Engineer in the Punjab Service of Engineers, Class II in the Buildings and Roads Branch. Prior to 1953 the Class II Services was not in existence. On January 1, 1956 he was appointed as Assistant Executive Engineer in Class I Service. It, is claimed that the appointment was by way of transfer. This claim is disputed. Respondent 2 was confirmed in the post of Assistant Executive Engineer on the date of his appointment, January 1, 1956. He was confirmed as Executive Engineer on November 1, 1958 and prompted as officiating Superintending Engineer on December 25, 1960. On March 11, 1966 he was confirmed as Superintending Engineer.