BRIJ KISHORE Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner was appointed as Milk-Recorder in the department of Animal Husbandry, Punjab, and he joined his services on 4.5.1970. Respondent No.3 Rajinderpal Singh was also appointed as a Milk Recorder and joined as such on 14.5.1970. As per the seniority list issued on 1.6.1974 (Annexure P-l) name of the petitioner was shown at Serial No. 6 and that of Rajinderpal Singh respondent No.3 at Serial No. 10 in the seniority list of Milk Recorders. This seniority list remained in force till June, 1988. Thereafter, another tentative seniority list of Milk Recorders was issued vide letter dated 27.6.1988 (Annexure P-2). In this seniority list also, the name of petitioner finds mention at Serial No.3 whereas name of respondent No.3 has ben placed at Serial No. 5 i.e. below the petitioner. Thus, nearly for two decades, petitioner was shown senior to respondent No.3. On 18.2.1989 (Annexuere P-3) allegedly final seniority list was circulated in which respondent No. 3 was shown senior to the petitioner and was placed at Serial No. 3 as against Serial No. 4 of the petitioner. Petitioner being aggrieved against seniority list dated 18.2.1989 (Annexure P-3) has come to this Court on the ground that seniority list which was in force for nearly two decades could not be changed without affording any hearing to him. Petitioner has claimed seniority over respondent No3 on the basis of length of service as he had joined the department on 43.1970 as against the joining date of respondent No3 which is 143.1970.

(2.) Respondent No.3 was represented by a counsel at the time of motion hearing but did not file any written statement. He is not represented by anybody at this stage.

(3.) Respondents No.l and 2 have filed their written statement and pleaded that the seniority lists Annexures P-l and P-2 issued upto 1.1.1988 were tentative seniority lists. A representation dated 25.7.1988 was filed by respondent No.3 in which he claimed seniority over the petitioner on the plea that both petitioner and respondent No. 3 were selected on the same day by the departmental selection committee in which respondent No. 3 was placed at Serial No. 3 whereas petitioner was placed at Serial No. 7 and according to the appointment letter dated 1.5.1970 (Annexure R-l) seniority was to be fixed in order of merit assigned to him by the selection committee. Accepting this representation, respondents No. 1 and 2 have placed Rajinderpal Singh respondent No. 3 senior to the petitioner as Rajinderpal Singh respondent No.3 had been placed above the petitioner at the time of selection by the departmental selection committee.