RAM MURTI SHARMA Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) This appeal has been preferred against the judgment of learned Single Judge, not accepting the prayer of the appellant for his seniority above respondents No. 3 to 11.

(2.) Case of the appellant is that he was working as a senior Steno Typist and was promoted to the post of senior stenographer on 12.3.1987, subject to passing the prescribed test which he passed. By way of amendment in rule with effect from 1.9.1983, a condition was incorporated that if a person does not pass the test within six months in two chances he will be reverted and will not be considered for promotion to the post of Stenographer for one year from the date of reversion. Promotion will be given only after passing of the prescribed test. Further promotion to the post of P.A. was to be made on the basis of seniority - cum - merit and interview.

(3.) Case of the appellant further was that some of the private respondents, who were promoted as Stenographers, did not pass the test within six months, as required under the rules. They passed the test later but still they have been ranked above the appellant in seniority. If the rules are to be properly applied, they are required to be reverted and promoted again with effect from a later date and in that eventuality they could not be treated senior to the appellant. Stand taken by the University was that private respondents No. 3 to 5 passed the test prior to the appellant in the year 1983 itself but they were not appointed by the Selection Committee. However, this Court held them entitled to promotion by order dated 20.11.1992 in RSA No. 1185 - 1988 (Devinder Kumar Mehta and others v. Punjabi University, Patiala and others) and in compliance thereof the said respondents No. 3 to 5 were given promotion over and above respondents No. 6 to 11.