CHIEF ENGINEER AND SECRETARY ENGINEERING DEPARTMENT FOR AND ON BEHALF OF CHANDIGARH PURANJIT SINGH Vs. K S BRAR:UNION TERRITORY CHANDIGARH ADMINIS TRATION CHANDIGARH

JUDGEMENT

(1.) Special Leave granted in both the petitions. The Registry is directed to register and number these petitions as Civil Appeals.

(2.) These Appeals are both directed against a judgment of the Central Administrative Tribunal. Chandigarh Bench. dated September 17, 1987. The Appeal arising out of Special Leave Petition No. 15073 of 1987 has been preferred by the Chandigarh Administration. Chandigarh and the Appeal arising out of Special Leave Petition No. 11877 of 1987 has been preferred at the instance of Puranjit Singh. Writ Petition No. 3287 of 1978 filed in the- Punjab and Haryana High Court was transferred to the said Tribunal and treated as T.A.No. T-5/CH of 1987 and it is the judgment of the Tribunal in this petition which is impugned before us. The said writ petition was filed by K. S. Brar who is Respondent No. 1 in Special Leave Petition No. 15073 of 1987 and Respondent No. 4 in Special Leave Petition No. 11877 of 1987. Puranjit Singh. the petitioner in Special Leave Petition No. 11877 of 1987 was Respondent No. 4 in the said writ petition and Chandigarh Administration and its officers were Respondents Nos. 1 to 3. We propose to refer to the parties by their description in the said writ petition.

(3.) Respondent No. 4 was appointed as an Assistant Engineer in the Punjab Public Works Department (Irrigation Wing) on July 15,1968 on selection through the Punjab Public Service Commission. On October 7, 1972 Respondent No. 4 was deputed to work with the Chandigarh Administration in its Engineering Department as an Assistant Engineer. On June 24. 1976 the petitioner joined the Chandigarh Administration as an Assistant Engineer as a direct recruit by his selection through the Union Public Service Commission. Respondent No. 4 made an application, while on deputation with the Administration of the Union Territory of Chandigarh, for absorbing him in the cadre of Sub-Divisional Engineers in the Engineering. Department at Chandigarh. His request was acceded to by the Administration and by an order passed by the Home Secretary on June 17. 1978 he was absorbed in the Engineering Department as a Sub-Divisional Engineer (B and R) in the Chandigarh Administration, working on deputation in the Housing Board. Chandigarh. The order-absorbing him as a Sub-Divisional Engineer was incorporated in a Notification dated March 1, 1979. which was duly Gazetted. The said Notification sets out that the Chief Commissioner. Union Territory Chandigarh, in consultation with the Union Public Service Commission, New Delhi, is pleased to appoint Puranjit Singh as Assistant Engineer (Civil). Class II, in the Engineering Department of Chandigarh Administration on buildings and roads side. by transfer from Punjab, P.W.D. Buildings and Roads Branch. and that his appointment will be subject to further provisions of P.W. D. Class II Rules, 1965 as applicable to the Engineering Department of the Chandigarh Administration. There is no mention of public interest or interest of the service in this order. The consent of the State of Punjab as well as the approval of the Union Public Service Commission with regard to this appointment of Respondent No. 4 was duly taken. On consideration, a tentative seniority list was circulated on November 19, 1979 inviting objections and after hearing the objections Respondent No. 4 was granted seniority with effect from October 7. 1972, being the date of his joining as an Assistant Engineer on deputation in the P.W.D. Buildings and Roads Branch of the Chandigarh Administration. The Notification dated 14-1-1980 granting him final seniority sets out inter alia as follows: