YASH PAL BANSAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) We have heard the learned counsel on the application for impleadment whereby it is requested that four persons, namely. Malwinder Singh, Jatinder singh, Darshan Singh and D. S. Bath be impleaded as parties. Malwinder singh and Jatinder Singh have already been impleaded as Respondents 3 and 4. The remaining two persons, namely, Darshan Singh and D. S. Bath are only pro forma respondents. We do not consider it necessary that they should be impleaded as respondents. ia no. 5 is, therefore, dismissed.

(2.) Special leave granted.

(3.) This appeal relates to matter of seniority of the appellant in the cadre of Punjab Service Engineers Class II (Irrigation Branch). The case of the appellant is that he had been appointed as Graduate Engineer on ad hoc basis in a centrally Sponsored Scheme sometime in 1973 and he was appointed as temporary Engineer in the Punjab Service of Engineers, Class II (Irrigation branch) with effect from I-6-1976. By order dated 28/7/1974 the seniority of Engineers in the Punjab Service of Engineers Class II (Irrigation Branch) including that of the appellant herein had been fixed but the said order was withdrawn by order dated 9/1/1995, in view of the fact that certain writ petitions were pending in the High court of Punjab and Haryana. Feeling aggrieved by the said order dated 9/1/1995, the appellant filed a writ petition in the High court of Punjab and Haryana which was dismissed by the High court by impugned judgment dated 9/2/1996. The High court has observed that the appellant was not borne in the cadre of Punjab government and as such he cannot get any benefit of the services rendered by him under the centrally Sponsored Scheme in which his appointment was on ad hoc basis.