MANJIT SINGH, SUB-INSPECTOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of four connected writ petitions No. 816 of 1990, 5127, 10780 and 19871 of 1992 as counsel for the parties are agreed that all of them involve identical questions of law and facts. Arguments were advanced only in Civil Writ Petition 816 of 1990 and facts are, therefore, being taken from this petition.

(2.) It is not disputed that the petitioner was senior to Gurdev Singh respondent No. 4 as a Head Countable in the year 1975. He was also senior to one Mohinder Singh. On April 1, 1975 said Mohinder Singh was given the benefit of his being a sportsman as a result whereof he became senior to the petitioner as well as to Gurdev Singh-respondent and many others. Gurdev Singh respondent then filed a civil suit in the Court of Senior Sub- Judge, Ambala claiming seniority over the aforesaid Mohinder Singh as Head Constable. The suit was dismissed by the trial Court and when the matter was taken in appeal before the Additional District Judge, Ambala the appeal was accepted, judgment and decree of the trial Court set aside and the suit filed by Gurdev Singh was decreed on January 25,1979. Respondent No. 4 was consequently declared senior to the said Mohinder Singh. Thereafter, on a representation filed by respondent No. 4 seeking implementation of the decree passed by the Civil Court, the said respondent was given certain benefits by way of ante-dated promotions as result whereof he became senior not only to Mohinder Singh but also to the petitioner and many others some of whom are the petitioners in the connected writ petitions. As a result of the implementation of the decree, the Deputy Inspector General, Haryana Armed Police, Madhuban, gave the following benefits to the plaintiff- respondent:-

(3.) The present petition has been filed challenging the grant of the aforesaid benefits to Gurdev Singh-respondent and the petitioner claims seniority over respondent No. 4 on the ground that he was not a party to the suit filed by Gurdev Singh against Mohinder Singh. It may be observed here that one Raghbir Singh Sub Inspector who was also senior to Gurdev Singh as Head Constable and was superseded by him as a result of the implementation of the Civil Court decree filed Civil Writ Petition 5517 of 1991 in this Court claiming seniority over Gurdev Singh-respondent. I allowed that writ petition on September 4,1991 and directed the respondents therein to restore the seniority of Raghbir Singh over respondent No. 4. The petitioner who is similarly situated places strong reliance on the decision of this Court in Raghbir Singh's case.