NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was selected and appointed as Block Development & Panchayats Officer on 17 August, 1984. He was put on probation for a period of two years. However, his period of probation was extended by one year. The petitioner made a representation against the extension in the period of probation. In the meantime, the respondents issued a tentative seniority list and the petitioner was shown at serial No. 244. Seniority of the petitioner had been calculated by keeping in view the extended period of probation. Without considering the objections of the petitioner to the tentative seniority list, the same was finalised in the year 1991. The petitioner was constrained to file a C.W.P. No. 13388 of 1992 challenging the said seniority list. The writ petition was admitted and is still pending adjudication. However, a statement has been made by the learned counsel for the petitioner that the aforesaid writ petition will be withdrawn as the entire dispute will be decided in the present writ petition.

(2.) After the admission of the aforesaid writ petition, the respondents reconsidered the case of the petitioner and passed art order on May 09, 1995. It was declared that the petitioner has completed the period of probation w.e.f. August 17, 1986. Before any consequential relief could be granted to the petitioner in terms of the order dated May 09, 1995, the respondents issued a show cause notice to all the persons likely to be affected on December 18, 1995. Subsequently, vide order dated March 12, 1996, the petitioner was given seniority at serial No. 205-A above Jiwan Parkash Singla in the seniority list which had been finalised in the year 1991. After the grant of the seniority to the petitioner, the respondents constituted a Departmental Promotion Committee to consider him for promotion as District Development & Panchayats officer w.e.f. the date J.P. Singla, his immediate junior had been promoted. After consideration of this case on April, 03, 1998, the Departmental Promotion Committee recommended the petitioner for promotion w.e.f. June 01, 1992 i.e. the date on which J.P. Singla was promoted as District Development & Panchayats Officer. After recommendation of the Departmental Promotion Committee, the petitioner was not actually promoted. Further more, in the final seniority list of D.D.P.O. dated 18.5.2000 the petitioner has been placed at serial No. 169 on the basis that his probation period had been extended. Thus the date of appointment of the petitioner on the post of BDPO has been shown as 17.8.1985. It is this action of the respondents which has been challenged by the petitioner by way of the present writ petition under Articles 226/227 of the Constitution of India.

(3.) The respondents have filed the written statement and controverted the claim put forward by the petitioner. It is stated that the present writ petition is not maintainable since the petitioner has already challenged the seniority list in C.W.P. No. 13388 of 1992. It is also submitted that the seniority lists of the Block Development & Panchayats Officers were being recast in view of the judgments of the Supreme Court in Ajit Singh Janjua I and II cases.