TIRLOCHAN SINGH MADAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These petitions involve determination of the dispute relating to seniority of the petitioners and as they are inter-related, I am deciding them by a common order.

(2.) Before adverting the contentions of the learned counsel for the petitioner, it is necessary to make a brief reference to the facts relating to the two petitioners, who are also the respondents in the writ petitions of each other.

(3.) Shri Tarlochan Singh Madan, who is petitioner in C.WP. No. 14042 of 1994 and respondent No. 3 in C.W.P. No. 2571 of 1995, joined service of the Punjab Public Works Department (Public Health Branch) on his appointment as temporary Assistant Engineer vide order dated 19.10.1963 issued by the Government on the recommendation of the Punjab Public Service Commission. He was substantively appointed as Assistant Engineer vide Government's notification dated 4.3.1968. He was promoted as Executive Engineer in Class-I Service vide order dated 6.1.1971 and was placed on probation foi a period of one year in terms of Rule 11(1) of the Punjab Service of Engineers PWD (Public Health Branch) Class-I Rules, 1961 (for snort 'the 1961 Rules'). By an order Annexure P2 passed in September 1972 the Governor of Punjab declared that the petitioner Shri T.S. Madan had completed the period of probation of one year with effect from 20.1.1972. The petitioner was further promoted as Superintending Engineer vide Punjab Government order dated 12.8.1981 (Annexure P 14). At that time he was working on deputation with the Punjab Water Supply and Sewerage Board (for short 'the Board') and on promotion also the petitioner Shri TS. Madan was kept on deputation with the respondent-Board. When the options were invited by the Department of Local Government, Punjab, for absorption of the deputationists in the service of the Board, the petitioner gave his option for the service of the Board. Consequently, notification dated 30th September, 1987 (Annexure P 17) was issued finally allocating the petitioner to the service of the Board.