HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Harbhajan Singh, who is Junior Engineer (Civil) in the Municipal Corporation, Amritsar claims seniority above the private respondents and challenges the promotion of respondents No. 8 and 11 to the post of Assistant Corporation Engineer in the Municipal Corporation.

(2.) Petitioner and private respondents originally belonged to Punjab Water Supply and Sewerage Board (in short 'Board'). In the employment of the Sewerage Board, petitioner was senior to the private respondents. In the year 1983, due to closure of Sub-Divisions of the Board, options were asked for from the Sectional Officers (Civil) for their absorption in other offices. Respondents No. 6 to 16, 18 and 19 were declared surplus in the year 1983-84 and they were absorbed in service of the Municipal Corporation. Subsequently, in January, 1995, petitioner was also absorbed in service of the Municipal Corporation after he was declared surplus.

(3.) Petitioner relies on a letter dated 26.11.1984 Annexure P-3, which consists a list of 15 Junior Engineers (Sectional Officers, including the petitioner). The petitioner is placed at serial No. 1 in that list. As per the letter, these Junior Engineers had become surplus. Some important lines from the letter can be reproduced below.