SUDARSHAN KUMAR SYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The only claim made by the appellant in this appeal under Clauses X of the Letters patent is that he* should be deemed to have been considered and promoted to the post of Deputy Advocate General with effect from the date when one Shri G.S. Bains, Junior to him, was so appointed and that he be given his retiral benefits accordingly.

(2.) The appellant was appointed an Assistant Advocate General on July IS, 1976 in the Office of the Advocate General, Punjab and one Shri G.S. Bains was so appointed on October 20,1977. The services of the appellant were terminated on June 15, 1982 and against the order of termination he filed a departmental appeal which was accepted on December 26,1984 and he was ordered to be re-instated, he joined duty on January 1, 1985 The question the arose as to how the period between 15.6.1982 and 31.12.1984 was to be treated. The State Government declared the said period as 'dies-non' and communicated its decision to the Advocate General, Punjab as per letter of June 24, 1987. After treating the aforesaid period as 'dies-non', the total length of service of the appellant became less than the total service of aforesaid Shri G.S. Bains. Consequently, the State Government also declared the said Shri G.S. Bains as senior to the appellant. The appellant filed a Civil Suit challenging the order of the State Government declaring the aforesaid period as 'dies-non'. This suit was decreed on march 9, 1989 and the order impugned therein was set aside. The net result was that the period from 15.6.1982 to 31.12.1984 was not treated as a break in the service of the appellant, the appeal filed by the State against the decree of the trial Court was dismissed in January, 1990 and the second appeal was also dismissed by this Court on July 21,1990.

(3.) In the meantime, Shri G.S. Bains, who was Junior to the appellant, was appointed as Deputy Advocate General on August 16,1987 and he retired from service on February 28, 1989. The appellant was, however, appointed as Deputy Advocate General by an order of the State Government dated April 24,1989. As stated earlier, the claim of the petitioner is that since Shri Bains was junior to him as Assistant Advocate General, therefore, he should be deemed to have been promoted with effect from the date Shri G.S. Bains was appointed.