SUKHBIR SINGH RATHEE Vs. CHIEF ADMINISTRATOR, HUDA

JUDGEMENT

(1.) THE primary grievance of the Petitioner is that his name after having been shown in the seniority list of Sub Divisional Engineer (Electrical Cadre) has been removed from the list without any just cause. The reason given is that the Petitioner had obtained degree from I.M.E. (India), Mumbai, which is not recognised. There is some litigation going on in regard to the genuineness of this degree issued by I.M.E. (India), Mumbai. The name of the Petitioner has been removed from the seniority list of Sub Divisional Engineer pending finalisation of the dispute regarding the I.M.E. degree. Counsel for the Petitioner has referred to Annexure P -10 to say that similar persons, who were shown in seniority list of Sub Divisional Engineer on the basis of identical qualifications, have been kept in the same seniority list during the pendency of finalisation of the status of degree. The Petitioner, however, has been given a different treatment and his name has been removed from the seniority list.

(2.) THE Counsel for the Respondent is justified in saying that the seniority list ultimately is required to be finalised on the basis of the status of degree. However, the action in giving different treatment to the Petitioner would not appear to be justified. Accordingly, till the time the issue of degree is finally settled, status -quo in regard to seniority list of the Petitioner shall be maintained. This shall not be a bar for the Respondents to remove the name of the Petitioner from list of Sub Divisional Engineer on the basis of final outcome of the degree.