R K MADAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners joined as Inspectors of Factories prior to the date of joining of respondent No. 2 i.e. Karam Singh. In the seniority list of Inspectors both the petitioners have been shown senior to respondent No. 2 as per copy of seniority list of Inspectors appended as Annexure P1.

(2.) Respondent No. 2 belongs to the reserved category and that in the year 1989 two posts of Inspectors were re-designated by upgradation and have been defined as Deputy Directors. Respondent No. 2 was appointed/promoted to the post of the Deputy Director on the basis of the principle of reservation in preference to the petitioners. Petitioner No. 1 challenged the appointment of respondent No. 2 vide CWP No. 1909 of 1989 and that the same was dismissed in limine. However, subsequently both the petitioners earned promotion/appointment to the post of Deputy Director. Thereafter they earned appointment/promotion to the post of Joint Directors of Factories. It shall be apposite to notice the respective dates of appointments of petitioners No. 1 and 2 and respondent No. 2 which are stated as under :- <FRM>JUDGEMENT_246_LAWS(P&H)7_2001_1.html</FRM>

(3.) It is the admitted case of the parties that the post of Joint Director of Factories is not governed by any statutory service rules. Thus, in the absence of the same, respondent No. 2 has been taken as senior to both the petitioners on the principle that he had joined the post of Joint Director prior to the petitioners.