STATE OF PUNJAB Vs. BHAJAN SINGH

JUDGEMENT

(1.) Bhajan Singh and Satish Kumar were promoted as Assistants on July 25, 1974 and April 28, 1975 respectively. On Oct. 18, 1985, the Director, Food & Supplies, issued an order by which their dates of appointment were changed to July 23, 1985 and April 8, 1983 respectively. To challenge this order, both the officials filed appeals to the State Government which were rejected. Aggrieved by the action of the department, they approached this Court through separate petitions under Art. 226 of the Constitution. These writ petitions having been accepted and the orders passed by the department having been set aside, the State of Punjab has filed these two appeals. A few facts as relevant for the decision of the case may be briefly noticed from the record in LPA No. 725 of 1992 (State of Punjab & Ors. Vs. Bhajan Singh & Ors.).

(2.) The respondent was recruited as a Stenotypist on Aug. 21, 1967. The appointment was made on purely ad hoc basis. However, within less than a year, he was selected by the Subordinate Services Selection Board for regular appointment as a clerk. On July 18, 1968, his name was forwarded by the Board to the department for appointment. Irrespective of that, he was allowed to continue working on the post of a Stenotypist and his services were regularised on Dec. 9, 1968. After a year, he was promoted to the post of Junior Scale Stenographer vide order dated Dec. 17, 1969. He was further promoted to the post of Junior Auditor on May 8, 1972. He was then promoted as an Officiating Assistant vide order dated July 25, 1974. While he was actually working as an Assistant, the department issued an order dated Aug. 16, 1976 by which the respondent was confirmed as a Stenotypist with effect from April 7, 1971.

(3.) Certain persons viz. respondent Nos. 2 to 8 in this appeal had been directly recruited as Junior Auditors. They represented and complained that they had been wrongly overlooked for promotion to the posts of Assistants. These representations were accepted by the orders dated Oct. 18, 1985. Accordingly, the date of appointment of the respondent as an Assistant was changed from July 25, 1974 to July 23, 1985. This is the complete sequence of events.