LAWS(P&H)-2000-10-96

MUKHTIAR SINGH Vs. STATE OF PUNJAB

Decided On October 03, 2000
MUKHTIAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) IT is the contention of the learned counsel for the petitioners that the impugned order, Annexure P -11, vide which the petitioners S/Shri Mukhtiar Singh and Sohan Lal had been reverted, is not sustainable in view of the judgment rendered by the Apex Court in the case title as Ajit Singh Janjua and Ors. v. State of Punjab and Ors.,, 1999(7) S.C. 153. It is the case of the petitioners that Shri Mukhtiar Singh was promoted against roster point No. 14, vide order dated 7.6.1993, Annexure P -3, and similarly Shri Sohan Lal had promoted against roster point No. 14, vide order dated 7.6.1993, Annexure P -4. Thus, in view of the clear mandate given by the Apex Court, all appointments which had been made prior to 10.2.1992 are not to be affected. So far as seniority is concerned, the same shall be effected in accordance with the mandate given by the Apex Court.

(2.) IT is also the case of the petitioners that the stand of the Government before the Admitting Bench was that the matter relating to the promotion shall be dealt with expeditiously but till today no order has been passed with regard to the impugned order, which is not sustainable in view of the judgment rendered by the Apex Court in Ajit Singh Janjua's case (supra).

(3.) THE petitioners have been reverted in pursuance to the impugned order dated 24.12.1996, copy whereof is Annexure P -11. After the reversion, the petitioners had represented that their case should be considered in view of Ajit Singh Janjua and Ors. v, State of Punjab and Ors.,, 1999(7) . S.C. 153, as they are entitled to protection of their promotion which has been made priorto 10.2.1995. The said representations are still pending with the Government. The petitioners have been currently given rank of Executive Engineers in the month of July, 2000. Thus the matter relating to promotion is stilt under consideration of the Government.