LAWS(P&H)-1996-5-289

BHAGWANT SINGH DHANOA, ASSTT ENGINEER, PUNJAB MANDI BOARD Vs. PUNJAB STATE AGRICULTURAL MARKETING BOARD

Decided On May 07, 1996
BHAGWANT SINGH DHANOA, ASSTT ENGINEER, PUNJAB MANDI BOARD Appellant
V/S
PUNJAB STATE AGRICULTURAL MARKETING BOARD Respondents

JUDGEMENT

(1.) This petition has been filed to quash the order dated 19.4.1994 passed by the Chairman, Punjab State Agricultural Marketing Board (for short, 'the Board'), appointing the respondent No. 3 as Assistant Engineer (Civil). The petitioners have also prayed that the respondent No. 2 be declared as usurper of the post of Assistant Engineer.

(2.) In the petition, as it was filed on 30.1.1996, four other persons were added as respondents No. 4 to 7. As against them, the writ petition was dismissed on 31.1.1996 and this is how now the petition survives against respondent Nos. 1 to 3 only.

(3.) In order to determine - whether the appointment of respondent No. 2 on the post of Assistant Engineer - suffers from any illegality, it would be appropriate to notice a few facts. The petitioners joined service of the Board as Junior Engineers and they were promoted as Assistant Engineers vide order dated 20.8.1990 and were placed on probation for one year in the first instance. In the seniority-list of Assistant Engineers, employed in the service of the Board, respondent No. 3 came to be placed above the petitioners. They made representation (Annexure P-3) and challenged the very appointment of respondent No. 3 on the post of Assistant Engineer. After considering their objections, the Chairman of the Board issued order (Annexure P-4) and rejected the objections raised by the petitioner and at the same time maintained the seniority position of respondent No. 3.