DR. RAJESH KUMAR JINDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for a direction to the respondents to assign the seniority of the petitioner as Medical Officer PCSM-II after counting his ad hoc service towards seniority. Mr. Chopra, the learned counsel appearing on behalf of the petitioner submits that the point raised in this petition is squarely covered by a Division Bench judgment dated 18.12.1997 in Dr. Ashok Kumar Khullar v. State of Punjab, 1998 1 SCT 78CWP No. 11248 of 1997 : (P&H).

(2.) After hearing the learned counsel for the parties and having perused the record and the above-mentioned judgment dated 18.12.1997, I find that the point with regard to seniority raised in this writ petition is squarely covered by the Division Bench judgment of this court in the case of Dr. Ashok Kumar Khullar . Accordingly, this writ petition is allowed in the same terms as in the case of Dr. Ashok Kumar Khullar .

(3.) Since the judgment in the case of Dr. Gurdip Kumar Uppal v. State of Punjab CWP No. 452 of 1990 decided on 24.4.1996 has been challenged by the State and SLP is pending in the Apex Court, Mr. Chopra, the learned counsel appearing on behalf of the petitioner submits that in case ultimately the SLP of the State in the case of Dr. Gurdip Kumar Uppal is allowed and the judgment of Division Bench in that case is set aside then the benefit given to the petitioner of the aforesaid judgment may be withdrawn without any notice to the petitioner. He further states that in view of the inter se judgment between the petitioner and the respondents in C.W.P. 1653 of 1991 decided on 27.3.1992, the petitioner claims for the benefit of ad hoc service for the grant of higher pay scale/proficiency step up. In view of the statement of the learned counsel of the petitioner, let the petitioner's seniority be determined in accordance with the judgment in Dr. Ashok Kumar Khullar and Dr. Gurdip Kumar Uppal's case which will be subject to the statement made by the learned counsel for the petitioner as aforesaid. Let this be done within three months. The writ petition is disposed of in the above terms with no order as to costs.