JAGJIT KAPOOR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, who were initially appointed as Clerks on ad hoc basis by the Deputy Commissioner, Amritsar, between 18-1-1972 and 11.8.1980, and who were sub-regularised in terms of the instructions issued by the Government of Punjab vide circular letter dated 29.1.1973] (Annexure P.2), have filed this writ petition for quashing the order dated 7.8.1992 (Annexure P.5) issued by the Deputy Commissioner, Amritsar, rejecting their claim for assignment of seniority on the basis of total length of service.

(2.) Petitioners had earlier filed C.W.P. No. 2088 of 1992 for which a direction was given by the Court on 11.5.1992 that the representations made to the petitioners may be decided within a period of three months. After hearing the petitioners on 23.7.1992 the Deputy Commissioner has passed the impugned order and rejected the representations of the petitioners.

(3.) In assailing the impugned order, learned counsel for the petitioners as argued that once they have been regularised in service, the petitioners, have acquired a legal right to be assigned seniority on the basis of their total length of service. Learned counsel argued that all the petitioners had been appointed in the service by a competent authority after it had called the names of the petitioners from the Employment Exchange and, therefore, the initial appointments of the petitioners cannot be treated as against the rule. Learned counsel argued that having been appointed in accordance with the provision of the rules, the petitioners have acquired a legal as well as constitutional right to have their seniority determined on the basis of total length of service. Learned counsel relied on a decision of this Court in Malook Singh and others v. The State of Punjab and others, 1992 2 SCT 133 and Direct Recruit Class II Engineering Officers, Association v. State of Maharashtra and others, 1990 2 SCC 715