SANTOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both these petitions have been taken up together for adjudication as the same are directed against a common order (Annexure P-20 in CWP No. 15875 of 1992 and Annexure P-14 in CWP No. 5675 of 1993) dated 11.11.1992 passed by the Additional Director (Admn.), Department of Industries, Punjab. For convenience and clarity, facts have been taken from writ petition No. 15875 of 1992. The petitioners working as Senior Scale Stenographers in the office of the Director of Industries, Punjab, Chandigarh seek quashing of memo (Annexure P-19) and office order (Annexure P-20) claiming that these suffer from a patent error of interpretation of the statutory provisions and are also in violation of principles of natural justice. The petitioners have sought restoration of seniority in terms of Annexure P-17.

(2.) The petitioners as also private respondents No. 4 to 8 after qualifying test in shorthand and typewriting were promoted and appointed as Junior Scale Stenographers maintaining their inter-se seniority as Steno- Typists. Whereas the petitioners were confirmed as Junior Scale Stenographers, the private respondents continued to hold such post of Junior Scale Stenographer on officiating basis.

(3.) Appointment of the petitioners was subject to provisions of the Punjab Civil Service Rules as also of the Punjab Industries Department (State Service Class-III) Rules, 1956 (hereinafter referred to as 'the 1956 Rules') as also subject to other orders and instructions issued by the Government or by the Department of Industries from time to time.