HARI SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) CM No. 4850 of 2011 CM is allowed and additional affidavit is taken on record. CWP No. 16733 of 2006

(2.) This petition has been filed seeking quashment of the order dated 3.10.2006 (Annexure P-9) and final seniority list (Annexure P-10). Annexures P-9 and P- 10 are the seniority list of Superintendent Grade-I in the Financial Commissioners' Secretariat, Punjab. Further prayer made in the writ petition is for a direction to the respondents to re-frame the seniority of the petitioner by treating the petitioner as Superintendent grade-I w.e.f. 1.6.1992, the date he was granted the benefit of reservation. This prayer has been made seeking implementation of the 85th Constitutional Amendment whereby Art. 16(4A) of the Constitution was amended.

(3.) It may be useful to briefly notice the factual background of the case. Petitioner is a member of Scheduled Caste community and he was appointed as a Clerk on 1.8.1973 in the office of Financial Commissioners' Secretariat, Punjab. On being selected by the Subordinate Selection Board, Punjab, the petitioner was placed at Serial No. 176 in the merit list. The petitioner thereafter, earned promotion as Assistant and later, designated as Senior Assistant. The petitioner came to be appointed as a Tehsildar by transfer, though he was allowed to retain the lien in the parent department.