G.D. GUPTA Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) These three writ petitions viz. C.W.P. Nos. 5265 of 1983, 6758 of 1986 and 7829 of 1988 raise a dispute relating to inter se seniority between direct recruits and promotees. The first of these writ petitions was filed by the direct recruits, while the remaining two writ petitions have been filed by the promotees to the service called the Punjab Service of Engineers, Class II, P.W.D. (Buildings and Roads Branch) Service (for short the P.S.E. Class II). In the circumstances of the case, it would be appropriate to notice the facts as stated in C.W.P. No. 6758 of 1986.

(2.) The dispute is with regard of seniority vis-a-vis respondent Nos. 3 to 8 who were directly recruited to the Class-II service in the year 1972. The petitioner was appointed as a Junior Engineer in the year 1960. He passed the B.Sc. Engineering (Civil) Examination in April, 1973. In Nov., 1973, the petitioner was given the current duty charge of the post of Sub-Divisional Engineer. He was promoted as Sub-Divisional Engineer on ad hoc basis on Jan. 1, 1974. The petitioner was regularly promoted as Sub Divisional Engineer in the P.S.E. Class-II service with effect from Nov. 7, 1979. The petitioner avers that he is a member of the Class II service.

(3.) In the year 1979, the department prepared a roster indicating 293 posts in the Class-II service. Since the Junior Engineers possessing the qualifications specified under the rules were not given their due share of posts, a C.W.P. No. 185 of 1979 (Pritam Singh Ahuja Vs. The State of Punjab etc.) is stated to have been filed for a direction to the State to prepare the Select List for promotion to Class-II service and to give the due share to the members of the Class-III service possessing the qualifications specified in Appendix 'B' to the Rules. Petitioner's claim was stated to have been considered. The said writ petition was accordingly disposed of as having become infructuous. A draft roster depicting the position as on March 31, 1979 was circulated by the Chief Engineer on May 2/5, 1979. Copy of this roster has been appended as Annexure P-1 to this writ petition. It has been averred that respondent Nos. 3 to 8 did not raise any objection to the position assigned to them in this roster. Again, on Oct. 19, 1979, a draft roster/seniority list of Class-II officers circulated by the Chief Engineer. It is averred that none out of respondent Nos. 3 to 8 raised any objection. The petitioner alleges that the final seniority list of the officers of P.S.E. Class II was issued by the State Govt. on May 28, 1980 copy thereof has been appended as Annexure P-3 with the writ petition. In this list, the petitioner was placed at serial No. 104. This list had been issued subject to the decision in C.W.P. No. 244 of 1980. After the decision of the aforesaid writ petition, the seniority of Class-II officers was finalised and circulated on Nov. 29, 1983. In this list, the name of the petitioner appeared at serial No. 104 while those of respondent Nos. 3 to 8 appeared below his name.