JEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The three petitioners have a two-fold grievance. Firstly, they claim that on their appointment to the post" of Clerk, they were illegally denied the pay scale of the post. Secondly, they submit that even though they have been working as Clerks since 1976, their seniority has erroneously been fixed w.e.f. September 12,1978 when the pay scale of the post of Clerk was granted to them.

(2.) The petitioners were originally appointed as Sericulture Operators in the District Sericulture Organisation in District Gurdaspur. In the year 1976, the State Government decided to abolish certain posts of Sericulture Operators and to absorb the surplus staff of their Organisation in the Department of Industries, Punjab. Such Sericulture Operators, who were matriculates, were to be adjusted against the posts of Clerks or other equivalent posts. Those members of the staff, who possessed the qualification of Middle pass, were to be absorbed as Daftries/Restorers. The rest of the staff were to be adjusted against the posts of Peons/Chowkidars etc. vide order dated July 13,1976, the Director of Industries, Punjab, ordered the appointment of the three petitioners alongwith certain other persons as Clerks. Copy of this order is at Annexure P-2. Pursuant to this order, the petitioners were relieved by the Circle Sericulture Officer on July 29, 1976. The joined as Clerks on July 30, 1976. Posting order dated August 9,1976 shows .that the three petitioners were posted as Clerks in different branches of the Directorate of Industries. If further appears that on their appointment as Clerks, the petitioners were placed in the pay scale of Rs.100-160.

(3.) A tentative seniority list was issued vide letter dated September 27,1979. In this list, the petitioners were assigned their respective positions at Sr.No. 171,172 and 173 on the basis of their having joined the post of Clerk on July 30,1976. It appears that another tentative seniority list was issued vide endorsement dated November 30,1979. In this list, the position assigned to them in the earlier seniority list circulated vide letter dated September 27,1979 was altered. The petitioners represented. Their representation was rejected and the final seniority list was issued by the Department vide letter dated January 14,1980 (copy Annexure P-6). In this list, the seniority of the petitioners,was determined on hypothetical basis that they had joined service as Clerks on September 18, 1978 i.e. the date on which the scale of Rs.110-250 had been granted to them. Aggrieved by this seniority list, the petitioners represented. They even sent legal notice through Advocate. Having failed to get any relief, they have approached this Court through the present writ petition.