PUNJAB Vs. RAKESH MEHTA

JUDGEMENT

(1.) PUNJAB & Sind Bank has filed the present intra court appeal to assail the decision dated 1st July, 2010, passed by the learned Single Judge allowing Writ Petition (Civil) No. 2497-99/2004.

(2.) THE said writ petition was filed by Mr. Rakesh Mehta, Mr. H.S. Tuteja and Mr. J.S. Bawa, respondents No. 1 to 3 herein, who had challenged the seniority list circulated under the cover of the letter dated 28th February, 2003, where the respondents 1 to 3 were shown at serial nos. 13, 14 and 12 respectively and Sukhbir Singh Bhatia, Daljit Singh Kochar, Gurpreet Singh, Nalin Kumar Hazarika, Ritu Malhotra and Balbir Singh, i.e. respondents No. 4, 5, 6, 7, 8 & 9 herein, were shown as senior to them. Learned single Judge has quashed the said seniority list and held that the seniority list of Electronic Data Process (EDP, for short) officer cadre as on 31st March, 2001, circulated under the cover of letter dated 22nd December, 2001 was correct. Another direction given by the learned single Judge is that the result of the MMGS-III examination conducted in the year 2002 be declared and if the respondents 1, 2 and 3 herein have cleared the said examination, they should be promoted to MMGS-III cadre w.e.f. 2002-03 and they would be entitled to consequential benefits.

(3.) THE learned single Judge did not agree with the said principle and in our opinion, the decision of the learned single Judge is correct.