GURMEET SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) For deciding the limited controversy that is involved in this case, there is no need to give detailed facts, suffice it, however, to say that Gurmeet Singh was earlier working in the Agriculture Department of the State of Punjab and later came to occupy the post of Excise and Taxation Officer in 1979 again in the Government of Punjab. He made a representation that years of service put in by him in the Agriculture Department should be counted in the department of Excise and Taxation which prayer of his was allowed on 18.10.1994 (Annexure P-3). When this order was passed, those who were to be affected by the same i.e. added respondents herein were concededly not heard. Later on the Government suo moto cancelled the order Annexure P-3 dated Oct. 18,1994. Concededly, at this time the petitioner was not heard. The order giving relief to the petitioner vide Annexure P03 as mentioned above was without affording hearing to the affected employees of the Excise Department i.e. added respondents herein. So was the position when order Annexure P-3 was cancelled i.e. petitioner was neither heard nor any show- cause notice was issued to him. Both orders Annexures P-3 and P-4 deserve to be set aside on the sole ground that they were passed without hearing the concerned/affected persons i.e. petitioner or the added respondents. In the circumstances, therefore, a direction is issued to the respondent-State to determine the seniority viz-a-viz petitioner and added respondents by giving a hearing to all and to others who may also be affected. The question as to whether the petitioners service deserves to be counted towards the years put in by him in the Agriculture Department shall also be determined. Since the seniority between the petitioners and the added respondents has not been determined for a long time, it is a fit case where further direction is required to be issued that the inter-se seniority be finalised after hearing the parties within one month from today. A copy of this order be given to the counsel representing the parties under the signatures of the Reader of this Court. Order accordingly.