RAGHUVINDER SAHAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of three Civil Writ Petitions Nos. 681 of 1980 (Raghuvinder Sahai v. The State of Punjab and another), No. 1021 of 1980 (Amrit Paul v. The State of Punjab and others) and No. 16724 of 1990 (Sri Krishan Kapania v. The State of Punjab and others), as common questions of fact and law are involved in all these cases.

(2.) In fact, the legal position in all these cases is squarely covered by a Division Bench judgment of this Court, which is a judgment inter parties, in L.P.A. No. 65 of 1975, dated 4th December, 1978, (Raghuvinder Sahai v. Siri Krishan Kapania and other,1979 1 SLR 851 ) reversing the Single Bench decision. Their Lordships of the Division Bench allowed the appeal and held that the incumbents of the isolated posts like Hindi/Punjabi Typists, Receptionists, Telephone Operators, etc. did not in fact belong to any cadre of the service of the Punjab Vidhan Sabha and there was nothing illegal in retaining the cadre of Clerks separate from the incumbents of the aforesaid posts. In pursuance of the aforesaid Division Bench judgment, separate seniority lists of Clerks on the one hand and Typists and others on the other, were to be prepared by the Secretary of the Punjab Vidhan Sabha and promotions to the higher posts in the distinct lines, e.g. Assistants, Senior Assistants, Deputy Superintendent, etc. on the one side and Stenographers, Personal Assistants, etc. on the other, were to be made separately.

(3.) Adverting to the facts of C.W.P. No. 681 of 1980, petitioner Raghuvinder Sahai joined service as a Clerk in Punjab Vidhan Sabha Secretariat on 5th November, 1962, and was confirmed as such on 15th September, 1966. He was promoted as Assistant on 22nd November, 1973, and was continuing as such when he was reverted to the post of Clerk by Office Order No. 1 of 1980, dated 18th January, 1980 (Annexure P.1). Operation of the reversion order was stayed by the Division Bench on 4th March, 1980, and the petitioner had been continuing as such since then.