PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether the service rendered by the petitioner pursuant to his ad hoc appointment as Agriculture Sub Inspector w.e.f. 3.9.1966 should have been taken into consideration for fixation of his seniority is the short question which arises for determination in this petition filed by him for quashing the seniority list circulated by Chief Conservator of Soils, Punjab (respondent No. 2) vide letter Annexure P-7 dated 22.10.1986.

(2.) The petitioner was initially appointed as Agriculture Sub Inspector vide order dated 29.8.1966/ 1.9.1966 issued by Deputy Director of Agriculture, Nabha on purely temporary basis up to 30.9.1966 in Rice Package Programme in Block Samana. After the expiry of initial term, he was permitted to continue albeit without any written order, though, later on, his continuance was regularised vide orders dated 11.4.1967 (Annexure P-2), 14.6.1967 (Annexure P-3) and 1.5.1968 (Annexure P-4), with one day's break on each occasion. In 1971, he was regularly appointed as Agriculture Sub Inspector vide order dated 17.2.1971 issued by respondent No. 2 on the recommendation of the Departmental Selection Committee. After 15 years of his regular appointment in the cadre, respondent No. 2 circulated the final seniority list of Agriculture Sub Inspectors vide memo dated 22.10.1986 Annexure P-7. The petitioner has averred that as per the existing practice, his ad hoc and temporary service should have been counted for the purpose of fixation of seniority and respondent No. 2 committed a serious illegality by ignoring the said service and fixing his seniority at Sr. No. 119. He has further averred that on the basis of his length of service counted from 1.9.1966, he is entitled to be fixed at S. No. 60 and, therefore, a writ in the nature of mandamus be issued directing respondent No. 2 to fix his seniority at S. No. 60 instead of S. No. 119.

(3.) In their written statement, the respondents have taken the stand that the seniority of the petitioner has been fixed by taking into consideration length of service rendered by him from the date of regular appointment and the previous service rendered on the basis of temporary appointment cannot be counted for the purpose of fixation of seniority among the members of the service.