AJIT SINGH WALIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Regular Second Appeal Nos. 1180 to 1182 of 1989, the same having been directed against the common judgment and decree dated 21.12.1988 passed by the Additional District Judge, Patiala, whereby the appeals filed by the respondents were accepted thereby dismissing the suit of the plaintiff-appellant.

(2.) Plaintiff filed a suit for declaration that he is senior to defendant- respondents and the rejection of his representation on 19.11.1979 is illegal, ultra vires, unconstitutional, mala fide, null and void and against the principles of natural justice and also against the service rules and regulations governing the services of the plaintiff and so he is entitled to be considered and promoted to the post of Executive Engineer over and above defendants No.4 to 6 with a further prayer that defendatns No. 1 to 3 be restrained from promoting defendants 4 to 6 without considering the claim of the plaintiff to the post of Executive Engineer.

(3.) According to the plaintiff, he joined the Punjab Electrical Inspectorate Office on 30.1.1976 whereas Mr. Amarjit Singh Walia, Assistant Engineer, joined 10.2.1976. Similarly, Amarjit Singh Sidhu and Mr. T.N. Sharma too joined as Assistant Engineer on 13.2.1976. Defendant Hardev Singh Sidhu joined as Assistant Engineer in the month of April, 1976. Since the plaintiff was selected as Assistant Engineer on ad hoc basis on 23.12.1973, he is entitled to tag the said period to his seniority. In support of his contention, reference was made to Rule 7 and 7(a) of the Punjab Service of Engineers (Electricity Branch) (Conditions of Service) Rules, 1939. His representation dated 7.9.1979 for acceptance of his claim was rejected by the Government on 19.11.1979 which was also termed to be illegal, ultra vires, unconstitutional, mala fide and against the principles of natural justice. With these broad averments in the plaint, plaintiff sought necessary declaration and injunction as noticed above.