BARU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of Civil Writ Petition Nos. 3894 and 5011 of 1996 as common questions of law and fact are involved in both the cases.

(2.) Petitioners, Baru Ram in C.W.P. No. 3894 of 1996 and Rang Bihari Lal in CWP No. 5011 of 1996, through present petitions filed by them under Article 226 of the Constitution of India, seek issuance of writ in the nature of certiorari so as to quash the joint seniority list of Naib Tehsildars, Annexure P-5, prepared by the Financial Commissioner, Revenue, Punjab, under Regulation 4 of the Punjab Tehsildars (Residuary Service Matters) Regulations, 1984 (for short Rs. 1984 Regulations') and for considering them for promotion to the post of Tehsildar from a date persons junior to them holding the post of Naib Tehsildar were promoted to the post of Tehsildar. Relied asked for is sought to rest on the facts that need a brief mention.

(3.) On October 7, 1988 petitioners were promoted as Naib Tehsildars whereas respondent No. 4 was appointed as Naib Tehsildar on December 4, 1989. Respondents 5 to 7 were appointed as Naib Tehsildars on September 20, 1990. Seniority list of Naib Tehsildars of Ferozepur Division as on March 31, 1995 was circulated on July 17, 1995 in which petitioners were shown senior to private respondents 4 to 7. In 1995 joint seniority list of Naib Tehsildars in the State of Punjab was prepared for the purposes of promotion to the post of Tehsildar and the petitioners were shown far junior to the private respondent and some persons junior to the petitioners, including respondents 4 to 7 were promoted to the post of Tehsildar on September 8, 1995 and February 13, 1996. Aggrieved of their non-consideration and non-promotion to the post of Tehsildar, petitioners have filed these petitions for the relief, as indicated above.