NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) State of Punjab has filed the instant application seeking review of judgment dated 9.1.2014 passed by this Court in Civil Writ Petition No. 7699 of 2013. Suffice it to notice that in the judgment, the review of which is being sought, the seniority list dated 26.3.2013 of the Assistant Directors under the Department of Animal Husbandry Fisheries and Dairy Development, Punjab to the extent of determination of seniority inter se petitioners therein and respondent No. 4 had been set aside and directions had been issued to revise the seniority by granting benefit to the petitioners on the principle of "catch up" as enunciated in Ajit Singh Janjua and others v. State of Punjab and others, 1996 2 SCT 278

(2.) The instant application seeking review of the judgment is being pressed on the sole ground that the effect of 85th Amendment of 2001 in the Constitution of India as also ratio of judgment rendered by the Hon'ble Supreme Court in M. Nagaraj and others v. Union of India and others, 2007 4 SCT 664had not been considered and in the light whereof it was open to the State Government to make provision for reservation in the matter of promotion along with consequential seniority to any class of post in the services under the State in favour of Scheduled Castes and Scheduled Tribes. It has been contended on behalf of the State that since respondent No. 4 had been given promotion on a roster point, accordingly, he was entitled for consequential seniority vis- -vis petitioners in view of the 85th amendment of the Constitution of India and pursuantly, the benefit of "catch up" principle would not be available to the petitioners.

(3.) Learned State counsel has been heard at length.