CHARANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner was employed as a Clerk w.e.f. 15.9.1970 in the office of the Milk Commissioner, Punjab. She resigned from the post on 26.9.1977 and her resignation was accepted w.e.f. 26.10.1977 whereafter she was relieved from her duties. On 16.11.1977 she applied to the then Milk Commissioner withdrawing her resignation and requested that she may be reinstated w.e.f. 26.10.1977. This request was accepted and she was allowed to join duty on 16.11.1977.

(2.) Sarvshri Harjit Singh and Malkiat Singh who were working as Senior Clerks in the same office represented to the Milk Commissioner as also to the State Government that they be declared senior to the petitioner. The representation was considered by the Deputy Secretary to Government, Punjab Dairy Development Department who as per his memo dated 4.1.1984 accepted the same and held that the resignation of the petitioner having been accepted w.e.f. 26.10.1977 could not be allowed to be withdrawn on 16.11.1977 by the Milk Commissioner. He was of the view that since the petitioner joined on 16.11.1977 she could at best be treated as a fresh entrant and allowed her seniority w.e.f. that date declaring the representationists senior to her. However, before any final order could be passed in this regard she was served with a show cause notice dated 16.4.1984 (Annexure P-6 with the writ petition) issued by the Milk Commissioner. To this show cause notice she filed a reply on 19.4.1984 describing it as an interim one. She also made a request for the supply of some documents/information referred to therein. She was allowed to examine the relevant and available record in the office on 9.5.1984 under the supervision of an Assistant. She again sent some more communications requiring the department to supply her the rules and instructions under which she could be treated as a fresh entrant. It appears that she was delaying the matter and finally her request for the supply of rules/instructions on the basis of which her seniority case had been considered was rejected on 22.5.1984. It is against the show cause notice (Annexure P-6) that the present petition has been filed and the action of the respondents treating her as a fresh entrant w.e.f. 16.11.1977 has been challenged.

(3.) In the written statement filed on behalf of the respondents a preliminary objection has been taken to the effect that Sarvshri Harjit Singh and Malkiat Singh Clerks on whose representation the seniority case was decided have not been impleaded as respondents in the writ petition and they being necessary parties, the writ petition was liable to be dismissed on this ground alone. It is also pleaded that the petition is pre-mature and that no final order had yet been passed when the writ petition was filed.