BALBIR SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) FACTS are not disputed, on the basis of which question of fixation of seniority of the Plaintiff -Appellant Balbir Singh vis -a -vis Defendant -Respondent Siri Ram was required to be determined on the posts of peons held by them in the Cooperative Training Institute, Rohtak. The trial Court decreed the suit filed by Balbir Singh holding him to be senior and the action of the official Respondents treating Siri Ram as senior and granting him selection grade to be illegal. The Plaintiff was held to be entitled to the grant of selection grade. On appeal the judgment and decree of the trial Court was set aside and the suit stood dismissed. Hence this regular second appeal by the Plaintiff.

(2.) BALBIR Singh, Plaintiff joined as peon in 1963 and was confirmed as such on September 5, 1966. Siri Ram was appointed as peon on November 16, 1964. The State of Haryana granted selection grade with effect from February, 1981. Such orders were implemented in the month of December, 1985 with retrospective effect As stated above, selection grade was given to Siri Ram peon treating him to be senior. The Defendants while contesting the suit admitted aforesaid facts but stated that as per instructions issued fey the State, though earlier seniority was at State level, fresh seniority was determined circle -wise and the Plaintiff, therefore, lost his seniority of his previous service at Jhajjar since he was transferred in April, 1981 to the office of Cooperative Training Institute, Rohtak. The following issues were frame on the pleadings of the parties:

(3.) BEFORE the Courts below the parties gave an impression that no Service Rules were applicable to the service of Class IV employees relation to the determination of mode of their seniority either at State level or at circle level. During arguments learned Counsel for the Respondent has referred to the Punjab State (Class IV) Service Rules, 1963 as amended by the Punjab State (Class IV) Service (Haryana Second Amendment) Rules, 1973 (hereinafter called 'the Rules') Rule 9 as amended which is relevant for determining seniority of the members of the Service reads as under: