STATE OF PUNJAB Vs. SHIV KARAN

JUDGEMENT

(1.) Respondent Shiv Karan was appointed as a Clerk in the Consolidation Department on 19.3.1962 after he was selected by the Subordinate Services Selection Board, Punjab (for short the S.S.S. Board). consolidation Department was wound up and the employees working in the consolidation Department were absorbed either in the Revenue Department or in some other departments of the Government. S.S.S. Board vide letter dated 3.3.1966 addressed to the Controller, Printing and Stationery, Punjab, recommended the name of the respondent for appointment against reserved vacancies of Clerks in the department. The Controller of Printing and Stationery, Punjab, vide this very letter, was requested to supply to the office of the S.S.S. Board the absorption report. This action was taken pursuant to meeting held on 23.2.1966, reference of which has been made in Exhibit D.II. Later, when the seniority list was circulated in the year 1976, respondent was shown at Serial No. 38 and his date of appointment was shown as 21.3.1966 instead of 19.3.1962 when he was originally appointed as a Clerk in the Consolidation Department. Having felt aggrieved, the respondent made represesentation against this action of the Government and having failed to get any redressal, he filed suit for declaration to the effect that the order fixing his seniority with effect from 22.3.1966 is discriminatory, void, arbitrary and prayed for consequential relief i.e. for fixation of his seniority with effect from 19.3.1962. Trial Court dismissed the suit. The first Appellate Court decreed the suit, State has come in second appeal.

(2.) After hearing the learned counsel for the parties, I am of the view that no case is made out for interference. Necessary instructions for the fixation of seniority of the staff of the Consolidation Department, on absorption in the Revenue Department and other Departments, were issued vide Memo. No 1634-D-III-61/2393-2416 dated 3.4.1961, reference of which finds mention in the letter issued by the Deputy Secretary to Government, Punjab, Revenue-I Department, on 21.7.1978 addressed to all the Commissioners of Divisions in the State; all the Deputy Commissioners in the State; The Director Land Records, Punjab, Jullundur and the Director Consolidation of Holdings, Punjab, Jullundur. According to these instructions, seniority of the ministerial staff of the Consolidation Department, on absorption in the Revenue and other Departments, was to be fixed on the basis of continuous length of service in the same or equivalent cadre. It is not disputed that the respondent was appointed as a Clerk in the Consolidation Department in the year 1962 after having been selected by the S.S.S.Board. After having been absorbed in the Department of Printing and Stationery, Punjab, his seniority was to be fixed on the basis of continuous length of service i.e. from the date of his appointment as Clerk in the Consolidation Department.