GURPRIT SINGH Vs. PUNJAB AGRICULTURAL UNIVERSITY, LUDHIANA

JUDGEMENT

(1.) In the present writ petition, the petitioner has challenged the memo dtd. 5/8/2019 (Annexure P-8) vide which the representation/objection filed by the petitioner in respect of final seniority list has been rejected. The petitioner has also challenged the final seniority list issued vide memo dtd. 4/10/2019 (Annexure P-12) whereby, the petitioner has been shown below respondent No.6 in the seniority. In the writ petition, order/memo dtd. 12/2/2020 (Annexure P-14) has also been challenged whereby the case of respondent No.6 is being considered for the promotion to the post of Sub Divisional Engineer (SDO) (Civil).

(2.) Brief facts of the case are that respondent No.1-Punjab Agricultural University, Ludhiana (hereinafter referred to as the University) issued an advertisement No.01/2010 advertising two posts of Junior Engineer (JE) (Civil). Out of the abovesaid two posts, one post was reserved for open category i.e. General Category and the other was reserved for Scheduled Caste Category. The last date of submission of application form was 27/4/2010. Relevant extract of the advertisement is reproduced below-:

(3.) A perusal of the advertisement would clearly show that the number of posts mentioned in the advertisement may increase or decrease. In pursuance to the abovesaid advertisement, the petitioner belonging to the reserved category i.e. Scheduled Caste Category applied for consideration for appointment to the post of JE (Civil). The petitioner was selected and appointed on the abovesaid post vide appointment letter dtd. 29/7/2011 (Annexure P-1). One Balvir Singh was appointed on the post which was reserved for open category. In pursuance to the abovesaid appointment letter issued to the petitioner, the petitioner joined the service on the post JE (Civil) on 19/8/2011. It transpires that after appointment of the petitioner on the post of JE (Civil), the respondent-University decided to fill two more posts from the waiting list i.e. one post reserved for open category and another post reserved for Scheduled Caste Category. On the basis of the waiting list, respondent No.6 belonging to General Category being next in merit in open category was appointed on the post of JE (Civil) vide appointment letter dtd. 19/9/2011. Respondent No.6 joined the service on 1/11/2011.