PARDAMAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner Pardaman Singh has filed this writ petition under Articles 226/227 of the Constitution of India being aggrieved by the order dated 14.07.2004 by which seniority has been granted to one Shri Raj Karan Singh respondent no. 3 over and above the petitioner in the cadre of Vaidya. This has been done by treating roster point no. 1 as being reserved for Scheduled Castes (Balmiki/Mazhabi Sikh) and considering respondent no. 3 to have been appointed against that roster point and consequently giving him seniority on that point as well in spite of the fact that in the process of selection, petitioner was higher in the merit than respondent no. 3 and both were appointed as vaidyas on the same date. The factual matrix of the case is as hereunder.

(2.) To fill up the vacant posts of vaidyas in the department of Ayurveda in the State of Punjab a regular process of selection was conducted in the year 1987 as a result of which both the petitioner as also respondent no. 3 were selected in the reserved category of Scheduled Castes. They were consequently appointed vide appointment letter dated 04.06.1987. In accordance with the merit determined by the Selection Committee petitioner was higher in rank than respondent no. 3 and therefore in the appointment order the petitioner figured at Sr.No. 9 and respondent no. 3 at Sr.No. 10.

(3.) Both the petitioner as also respondent no. 3 were confirmed in service by an order dated 07.05.1998 in which order the petitioner was shown at Sr.No. 44 and respondent no. 3 at Sr.No. 48 i.e. lower than the petitioner.