RUPINDER KAWAL SAHIB Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner-appellant was appointed as a Technical Assistant by direct recruitment in the Department of Economic and Statistical Organisation in March 1964. She was promoted to the post of a Research Assistant/District Statistical Officer on 5th April, 1968 against an extisting vacancy in the pay scale of Rs. 250-600 and her promotion was also notified in the Punjab Government Gazette dated 17.5.1968 (Exhibit P1). This appointment was made w.e.f. the afternoon of 6th April, 1968. The promotion of the appellant was also subject to undergoing probation for one year and that too was completed vide order Exhibit P2 dated 29th August, 1969. All the private respondents were directly recruited as Research Officers vide order dated 9th June, 1963. A seniority list was framed by the department in terms of the Punjab Economic and Statistical Organisation (States Service Class III) Rules, 1963 (hereinafter referred to as the 'original rules') wherein the appellant was shown as junior to the respondents. This tentative seniority list was challenged in this Court by a number of persons aggrieved thereby and the writ petitions were eventually disposed of with a direction that the department would finalise the seniority list in terms of the Rules. The competent authority thereafter heard the affected parties and reonotified a final seniority list dated 16th September, 1983 which maintained the seniority as given in the tentative seniority list. Aggrieved thereby the plaintiff-appellant has filed this suit claiming that this seniority list was erroneous on the ground that her seniority as Research Officer w.e.f. 6th April, 1968 had not been accepted and she was entitled to count her service with effect from that date. The defendant-respondents filed their replies in which the claim of the plaintiff was denied and it was stated that the period of service of the plaintiff-appellant w.e.f. 6th April, 1968 to 16th June, 1968 had been on an ad hoc basis and it was only on 19th June, 1968 that she had been inducted against a regular vacancy, with the result that the period from 6th April, 1968 to 16th June, 1968 could not be granted towards her seniority. It was accordingly pleaded that the seniority list keeping her junior to the private respondents was in order.

(2.) On the pleadings of the parties, the trial Court raised the following issues :-

(3.) The trial Court took up issue Nos. 1, 2 and 4 together and recorded its finding in favour of the plaintiff and held that the final seniority list dated 16th September, 1983 had been wrongly framed and the suit was accordingly decreed. The State of Punjab thereafter filed an appeal before the first Appellate Court, which came to the conclusion that the finding of the trial Court on issue Nos. 1, 2, and 4 was wrong as the promotion of the plaintiff w.e.f. 6th April, 1968 to 16th June, 1968 had been only on a provisional basis and not against a regular sanctioned post and, as such, her seniority had to be determined w.e.f. 19th June, 1968 only. The appeal was accordingly allowed. Hence this second appeal.