ANIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS application has been filed for condonation of 32 days delay in filing the appeal. The application is accompanied by an affidavit. In view of reasons mentioned therein, it is allowed and delay stands condoned.

(2.) PRIVATE respondents Nos.3 to 10 filed CWP No.5575 of 2001 with a prayer that the seniority list showing the appellants as senior to them be quashed and respondent No.1 be directed to re -frame the seniority list as per Rules 8 and 15 of the Revenue Patwaris Class -III Services Rules, 1966 (in short the Rules). It was specifically alleged by them and it is also not in dispute that respondent Nos.3 to 10 joined service prior to the date of joining of the appellants.

(3.) THE learned Single Judge allowed their writ petition. Seniority list was quashed by stating that a conjoint reading of Rules 8 and 15 of the Rules, makes it very clear that merit list prepared by the Selection Committee cannot be made basis for determining seniority of the private respondents and the appellants. Before proceeding further, it is necessary to reproduce the provisions of Rules 8 and 15 of the Rules, hereunder: -