DALJIT SINGH PADDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner's name was recommended for appointment as a Clerk to the Director Health Services, Punjab by the Subordinate Services Selection Board, Punjab (hereinafter to be referred as, `the Board') vide letter dated 6.12.1957. As a result of the recommendations made by the Board the petitioner was offered appointment as a Clerk in the office of District Medical Officer, Kapurthala where he joined on 5.4.1958. After joining the said post, the petitioner made a request on 27.10.1960 wherein he mentioned that he had learnt that few posts of Clerks were lying vacant in the office of Director Health Services, Punjab at the Headquarters at Chandigarh. He on the basis of the facts pleaded therein requested that he should be appointed in the Head office. He specifically stated that he was ready to forego the benefit of service rendered by him at Kapurthala towards seniority if he was accommodated in the Head office. The relevant part of the request is as hereunder: In case I am appointed, I am prepared to forego the benefit of my Page 2 of 8 service in this office only towards seniority in the Headquarter's office.

(2.) Accepting this request of the petitioner, by an order dated 14.3.1961 the petitioner was appointed in the main office of the Director Health Services, Punjab as against his earlier appointment in the subordinate office of the Health Department. In the order dated 14.3.1961 a specific condition has been imposed that he would be treated as a new entrant in the cadre of Clerks in the Head office. The relevant condition is as hereunder:

(3.) that he will be treated as new entrant for the purpose of fixation of his seniority on the cadre of this office and will not be given benefit of his service in the subordinate office towards fixation of his seniority on the cadre of the main office of D.H.S. Punjab.