GURJEET SINGH AHLUWALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the third writ petition filed by the petitioner for the same relief apart from the contempt of court petition which he was constrained to file.

(2.) The petitioner was initially selected for the post of Senior Scale Lecturer in the College of Architecture and for the post of Assistant Architect in the grade of Rs. 250-750 in the department of architecture. He first joined as Assistant Architect and thereafter on receipt of the appointment letter to the higher post he joined as Senior Scale Lecturer on 29th of September, 1965. The post of Senior Scale Lecturer carried the pay scale of Rs. 350-850. At the time of his appointment as Senior Lecturer. Mr. S.N. Kohli, Mr. V.P. Anil, Mr. N.S. Mathur, Mrs. K. C. Gupta, Mr. G.L. Verma, Mr. R.P. Verma and Mr. D.R. Gupta were all working on the post of Assistant Architects. Prior to 1962, the College of Architecture was not a part of department of architecture and was controlled by the Technical Education Department. The department of Architecture was under the Public Works Department. By order dated 20th of July, 1962, College of Architecture and architecture department were fused into one department under the administrative control of the Secretary, Public Works Department. Prior to the fusion of these departments, the following posts were in existence. <FRM>JUDGEMENT_158_LAWS(P&H)11_2001(1).html</FRM>

(3.) Consequent upon the fusion of the department, the Punjab Government on 26th of October, 1965 prepared a joint seniority list of the fused department. Seniority was fixed on the length of the service on the post then held. Although the petitioner was holding the post of Senior Lecturer in the scale of Rs. 350-850, his seniority was fixed below the Assistant Architects mentioned above, who were working in the pay scale of Rs. 250-750. Not only was the seniority of the petitioner wrongly fixed, he was even denied promotion to the post of Assistant Professor which fell due to him with effect from 1st of November, 1965. The petitioner was, therefore, constrained to file Civil Writ Petition No. 563 of 1969 which was allowed by this Court on 20th of April, 1970 with the following observations :-