RAMDAS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Change in seniority and the consequential order of reversion from the post of Assistant Director to that of District Welfare Officer have compelled the petitioner to approach this Court through the present writ petition. A few facts may be noticed :

(2.) The petitioner was appointed as an Assistant in the office of the Commissioner in the year 1955. Vide order dated January 14, 1956, the petitioner was appointed as an Assistant Welfare Officer, Jind. On the merger of erstwhile States of Pepsu and Punjab, the petitioner was integrated with the persons working in the department of Welfare of Scheduled Castes and Backward Classes in the State of Punjab. Vide orders dated November 7, 1972, the petitioner was promoted as District Welfare Officer. This appointment was made on ad hoc basis. For reasons which are not clear on the record, his appointment has continued to be ad hoc even though a period of more than 18 years has elapsed. It appears that vide orders dated December 13, 1978, the seniority list of District Welfare Officers/Lady Welfare Officers depicting the position upto November, 1978 was released. After this, some posts of District Welfare Officers were filled up by direct recruitment, and others by promotion. Vide order dated April 17, 1986 the petitioner was promoted as Assistant Director. Respondent No. 5 was also promoted along with him. Thereafter, vide orders dated November 21, 1986 a tentative seniority list showing the position upto July 31, 1986 was issued. In this list, the petitioner's name appeared at Serial No. 4, while those of respondent Nos. 2 to 12 appeared below him from serial Nos. 5 to 15. The petitioner was satisfied with the position assigned to him and consequently had no occasion to represent against it. This seniority list was finalised vide orders dated January 9, 1987 and the petitioner was assigned seniority at serial No. 11. In this list, respondent Nos. 2 to 6 were shown senior to him while respondent Nos. 7 to 12 continued to be junior to him. A copy of this list is at Annexure P-5. As a consequence of the finalisation the seniority list, the petitioner who has been promoted as Assistant Director vide orders dated April 17, 1986 was reverted as District Welfare Officer vide orders dated March 30, (sic). A copy of this order is at Annexure P-6. Aggrieved by the orders at Annexures P-5 and P-6 the petitioner has approached this Court through the present writ petition.

(3.) A written statement has been filed on behalf of respondent No. 1. A short reply has also been filed by Mr. Dalip Singh Virk, respondent No. 6. No written statement has been filed on behalf of other respondents.