V K JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As agreed between the parties, this Letters Patent Appeal is being disposed of at this stage. However, along with this appeal we are deciding another Letters Patent Appeal No. 1005 of 1994 filed by Shri K.B. Rai, respondent No. 2 (with this L.P.A.). In this Letters Patent Appeal, a prayer has been made by the appellant to set aside the judgment of the learned Single Judge, dated May 19, 1994 vide which the Writ Petition filed by him was dismissed.

(2.) The factual position, briefly stated, is, thus, V.K. Jain, petitioner-appellant (hereinafter called the appellant) had challenged through a Writ Petition under Articles 226/227 of the Constitution of India, an order dated September 8, 1993 (annexed as Annexure P-8 with the petition) of the Punjab Government vide which Shri K.B. Rai, respondent No. 2 was promoted as Chief Engineer in preference to the appellant who describes himself as admittedly senior to him.

(3.) It is stated in the petition that the appellant has decidedly better record of service than that of Shri K.B. Rai, respondent No. 2 and was admittedly senior to him as Superintending Engineer. He was promoted as Officiating Superintending Engineer on June 10, 1982 and was prematurely retired from service on September 25, 1989, but the aforesaid order of retirement of the appellant was ultimately set aside by the Supreme Court and he was reinstated as Superintending Engineer by the Punjab Government vide order, dated October 3,1990.