CHANDIGARH ADMINISTRATION Vs. RATTAN SINGH

JUDGEMENT

(1.) Letters Patent Appeal Nos. 8 and 20 of 1978 directed against the same judgment of the learned Single Judge raise identical issues of law and fact and counsel for the parties are, therefore, agreed that this judgment will govern both of them. By the judgment under appeal the learned Single Judge allowed the writ petition preferred by Rattan Singh, respondent and quashing the impugned order, Annexure 'E' has directed the official respondents to reframe the seniority of the respondent-writ petitioner in accordance with Rule 10 of the Punjab Printing and Stationary Department Service Rules, 1964 (hereinafter called the Rules) after hearing the persons concerned.

(2.) Rattan Singh respondent-writ-petitioner had joined the Government Press as a copy-holder way back on 23rd October, 1946, at Lahore prior to the partition. However, the private respondent (Nos. 4 to 15 in the writ petition) had joined as copy holders in the Government Press much later at Simla on 4th December, 1950. Rattan Singh writ petitioner was promoted to the post of proof and Order Reader (hereinafter called as P.O. Reader) on 4th September, 1958, and it is the admitted position that he has been continuously working as such thereafter. The aforesaid respondents 4 to 15, however, were promoted later in the year 1959 as P.O. Readers. A qualifying test for the post of P.O. Reader was prescribed and it is the admitted position that Rattan Singh writ petitioner did not qualify in the said test whilst respondents 4 to 14 qualified in the said test in the years 1959 and 1960. However, in the year 1966 Rattan Singh, respondent-writ petitioner was granted exemption from qualifying in the said test under rule 18 of the Rules along with the private respondent No. 15 aforementioned.

(3.) The Rules were enforced with effect from 23rd October, 1964 and apparently in accordance there with the respondent-writ petitioner Rattan Singh was placed senior to the aforesaid respondents 4 to 15 vide Annexure 'D' dated 24th of July, 1967, which is in the following terms :-