DEVINDRA BAHADUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners were appointed officiating inspectors, co-operative societies, in the erstwhile State of Pepsu on October 20. 1956. and after the merger of the States of Punjab and Pepsu they were integrated with the inspectors, co-operative societies. Punjab. By order dated February 26,1957, seven officiating inspectors, including the petitioners, were reverted as sub-inspectors in order to accommodate the block level officers who had completed their training at Ladda under the belief that there were no existing vacancies against which they could be appointed. The reversion orders were passed because it was on of the conditions of promotion of the petitioner from th post of sub-inspector to that of inspector in Pepsu that they would be liable to reversion in order to accommodate the block level officers who were then receiving training. Later, it was found that there were enough vacancies to accommodate the reverted inspectors, including the petitioners as well as the Block Level Officers, with the result that all of them were reappointed as officiating inspectors by the order of the registrar, co-operative societies, dated April 6,1957. The petitioners remained reverted from march 1,1957. On may 4,1957, the deputy registrar. Co-operative societies. Patiala, wrote a letter to the registrar, co-operative societies, Punjab, Jullundur, requesting that the government might be moved to permit that the service rendered by the reverted inspectors from march 1, 1957, to April 10, 1957, as sub-inspectors be treated as service rendered as inspectors for the purpose of determining their seniority amongst the officiating inspectors.

(2.) BISHAN Chand petitioner was again reverted to his substantive post of Sub-Inspector in Patiala Division by an order of the Registrar, Co-operative Societies, Punjab, dated December 30, 1958. Against that order Bishan Chand filed an appeal which was accepted by the Government and the order was communicated to the Registrar, Co-operative Societies, Punjab, on October 27, 1959. It was directed that Bishan Chand should be promoted as officiating Inspector, Co-operative Societies, immediately against an existing vacancy in the grade of an Inspector. In case there was no vacancy, the junior-most person promoted after November 1, 1956, other than Sarvshri Naurata Ram, Om Parkash and Surjit Singh, who may not be holding the post of Inspector in a permanent or a quasi-permanent capacity, may be reverted to make room for him. Along with the appeal of Bishan Chand, the appeals of Ram Parshad and Ruldu Ram were also accepted and similar directions were issued qua them. The Under-Secretary to Government Punjab, Co-operation Department, informed the Registrar, Co-operative Societies, Punjab, Jullunder, by memorandum No. 13957-Coop; IV-60/6985 dated November, 28, 1960, that "government have decided that as a result of the acceptance of the appeals against their reversions Sarvshri Ram Parshad, Bishan Chand and Ruldu Ram, officiating Inspectors, Co-operative Societies should be given the benefit of seniority which they had earned before 1st November, 1956. " This memorandum was written in reply to Registrar's memorandum No. B III/55/16771-E, dated November 14, 1960, on the subject of determination seniority as Inspectors, Co-operative Societies. From this memorandum it is clear that the break in service of the petitioners on account of their revision from the post of officiating Inspector to that of Sub-Inspector from March 1, 1957 to April 10, 1957, was condoned and their seniority, as existing prior to November 1, 1956, was restored. The result follows from the fact that Bishan Chand was the junior-most amongst the petitioners and then he was restored his seniority, it necessarily meant the restoration of seniority of all the petitioners as their inter se seniority in the State of Pepsu could not be disturbed. This order was not given effect to by the Registrar, Co-operative Societies.

(3.) ON February 11, 1966 the joint seniority list of Services consisting of Deputy Registrar, Assistant Registrar Probationary Assistant Registrar, Inspector and Sub-Inspector of the Co-operative Department was issued which was published in the Punjab Government Gazette dated March 11, 1966. This Governor of Punjab in exercise of the powers conferred on him by the proviso to Art. 309 of the Constitution of India and in accordance with the decision of the Government of India under the provisions of Section 115 (5) of the States Reorganisation Act, 1956. Before the publication of this final list, yearly lists were being published in which the petitioners were shown junior to respondents 3 to 31 in spite of the order of the State Government communicated to the Registrar on November 28, 1960, referred above. After the publication of the final gradation list dated February 11, 1966, the Registrar, Co-operative Societies, published a seniority list of Inspectors, co-operative Societies, Punjab, as on March 1, 1969, and in this list showed respondents 3 to 31 at Nos. 60 to 88, while the petitioners were shown at Nos. 90, 91, 92, 96 and 97. This seniority list was issued in June, 1969, and the petitioners submitted representations against the same to respondent 2. Since those representations were not decided, the petitioners filed the present petition praying that the seniority list of Inspectors, Co-operative Societies, as on March 1, 1969, issued in June , 1969 should be quashed and the promotion of respondent 5, Shri Jagdev Singh, as Assistant Registrar, Co-operative Societies, made vide order dated November 4, 1969 should be set aside. The returns to the writ petition have been filed by respondent 2 and some of the other affected respondents.