PARTAP SINGH MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) The short question which has cropped up for consideration under Articles 226/227 of the Constitution is whether an employee can be assigned seniority from the date on which he was not in service.

(2.) The undisputed facts which led to the filing of the writ petition are that the Ambala Central Cooperative Bank Ltd. (hereinafter referred to as the Bank) on December 22, 1977, had resolved to appoint Vinod Singh-respondent No. 4 as Clerk, after seeking relaxation of qualification from the Registrar, Cooperative Societies, Haryana. The relaxation was required to be sought as the basic qualifi- cation in respect of respondent No. 4 for appointment as Clerk was conveyed on 18.3.1980, copy of which is Annexure P-2 -to the writ petition.

(3.) Vinod Singh respondent No. 4 was issued appointment letter on 2.4.1980, copy of which is Annexure P-3 to the writ petition. Thereafter, a seniority list of Clerks prepared by the Bank as on 31.1.1982 was issued on 2.3.1982 and objections were also invited. In the said seniority list Vinod Singh respondent No. 4 was at serial No. 89 and his date of joining was shown as 3.4.1980.