BALWANT SINGH Vs. THE SECRETARY ZILA PARISHAD, FEROZEPUR

JUDGEMENT

(1.) In this writ petition, the petitioners have challenged the seniority list copy of which is Annexure P-7 and the order dated 31.8.1981 by which respondent No. 3 was promoted as Superintendent from the post of Clerk.

(2.) Briefly stated facts of the case are that the petitioners were employed as Clerks in Panchayat Samiti, Ferozepur. They had been appointed during the period 1966 to 1968. Sh. Mohinder Singh, who is respondent No. 3 in the writ petition was appointed initially in Panchayat Samiti Guru Har Sahai which was part of the Ferozepur on 4.9.1965. However, later on in the year 1973 Faridkot district was carved out from certain territories of district Ferozepur and since respondent No. 3 happened to be posted at Moga, which became part of Faridkot District, he was allocated Faridkot district at that time. It is an admitted case of the parties that vide order Annexure P-1, the district cadre for the Panchayat Samiti employees was constituted and every employee employed in a district of Samiti could claim seniority in his own district cadre.

(3.) From the writ petition, it appears that the respondent No. 3 was not satisfied to remain in the district cadre of Faridkot and had been making representations to the authorities concerned to post him in a panchayat samiti of Ferozepur district. It was pursuant to his representation that he was transferred to district Ferozepur cadre vide order dated 7.8.1980 copy of which is Annexure P-2. Annexure P-3 is the tentative seniority list of Clerks of Panchayat Samiti district Ferozepur and in this tentative seniority list, respondent No. 3 was assigned his seniority as per his initial date of appointment i.e. 4.9.1965. Final seniority list is Annexure P-7 and vide this seniority list also, date of appointment of respondent No. 3 has been shown as 4.9.1965 and accordingly he has been shown senior to all the petitioners, who were appointed during the period 1966 to 1968.