PUNJAB STATE, AMRITSAR Vs. ROHNI KUMAR

JUDGEMENT

(1.) This regular second appeal arises out of the judgment and decree dated 4-9-1984 passed in appeal by the learned Additional District Judge, Amritsar, whereby the suit of the plaintiff-resposndent Rohni Kumar for declaration to the effect that he has a right to seniority from 20-9-1961 in the clerical and ministerial staff was decreed with costs., The judgment and decree dated 31-7-1982 of the trial Court dismissing the suit of the plaintiff-respondent was reversed.

(2.) The finding of fact recorded by the learned Additional District Judge is that Rohni Kumar plaintiff joined service of the Punjab State, the appellant, on 1-1-1960 as a store boy and was later on promoted as Chief Store Keeper on 15-4-1968 in the same cadre. he was confirmed as Store Keeper on 20-9-1961. On his own request he was posted as Store Keeper on 7-12-1968. The first appellate Court has also fond that Clerks, Ledger Keepers and Store Keepers have a joint seniority and these posts are interchangable although the designations are different and the senority is determined on the basis of the length of service. The learned Additional District Judge, therefore, concluded that the plaintiff-respondent having been confirmed in service with effect from 20-9-1961 was entitled to seniority with effect from the said date. The action of the State of Punjab to reckon the seniority of the plaintiff-respondent from 7-12-1968 when he was posted as a Clerk on his own request was held to be not correct. It was in these circumstances that the suit of the plaintiff was decreed.

(3.) It is contended on behalf of the State of punjab that since the plaintiff-respondent on his own request was posted as a Clerk with effect from 7.12.1968 he could not claim seniority for the earlier period spent by him as Store Keeper and Chief Store Keeper from 20-9-19 to 6-12-1968. In support of this contention reliance is placed on R N Dhawan V Union of India and others. 1981 (1) S L R 855. This judgment is clearly distinguishable. R N Dhawan appellant in that case was working in the erstwhile Bikaner Railway and on his own request he got himself transferred to the head quarters office of Northern Railway. New Delhi, in a different cadre. That is not the position in the case in hand. As found by the learned Additional District Judge, Clerks, Accountants, Ledger Keepers and Store Keepers of the Punjab Roadways from on cadre and all of them are borne on one and the same seniority List There is, therefore no reason why the plaintiff-respondent should be denied the benefit of seniority for the period from 20-9-1961 to 6-12-1968 on the mere ground that on his own request he was posted as Clerks with effect from 7-12-1968, particularly when the Clerks are also borne on the same seniority list as Store Keepers and the seniority is determined on the basis of continuos length of service. I, therefore, find no merit in this appeal and dismiss the same with effect. The judgment and decree dated 4-9-1984 of the learned Additional District Judge, Amritsar, are affirmed.