RAJ KUMAR BATRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The action of the Government in restoring the seniority of respondent, Ashok Kumar, vide orders dated Oct. 17, 1990 (Annexure P5) above the petitioner has led to the filing of this writ petition. A few facts may be noticed.

(2.) A perusal of the pleadings of the parties brings out the following factual position regarding the petitioner and respondent No. 3:- <FRM>JUDGEMENT_98_LAWS(P&H)7_1991(1).html</FRM>

(3.) A perusal of the above position would show that respondent No. 3 had been appointed as Radio Mechanic on Aug. 3, 1961 while the petitioner had been appointed after him on August 5, 1991. It is also the admitted position between that parties that this appointment had been made as a result of selection by the Subordinate Services Selection Board and that in the merit list prepared by the Board the name of respondent No. 3 appeared above that of the petitioner. It is further evident that respondent No. 3 was promoted to the next higher post of Technical Assistant more than three years prior to the petitioner. However, as the averments of the parties show, in the year 1971-72, the department deputed certain persons for training in the handling of the television sets. The petitioner is said to have been sent for the training during the year 1971-72. The respondent No. 3 avers that no notice regarding this training was given to any of the persons senior to the petitioner. Be that as it may, a perusal of the written statement shows that certain persons were deputed for training primarily on the basis of their place of posting and without prejudice to the rights of their seniors. As a result of the completion of the training, the petitioner was appointed as Technical (Television) on April 5, 1978. At that time. respondent No. 3 was not promoted. He came to be actually promoted on March 5, 1984 after he had completed the training privately. The petitioner was thereafter promoted as Assistant Technical Officer (T.V.) on May 8, 1985. Respondent No. 3 was actually promoted to this post vide orders dated Nov. 6, 1990.