LAWS(P&H)-2009-12-328

SURINDER RANDHAWA Vs. STATE OF PUNJAB

Decided On December 08, 2009
SURINDER RANDHAWA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This civil writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing Annexure P - 3 whereby respondent no. 3, Shri Rohni Kumar, was given the deemed date of promotion as Assistant w.e.f. 01.11.1966 and as Superintendent Grade - II w.e.f. 02.09.1979. Prayer further is for quashing Annexure P - 2 whereby respondent no. 3 had been promoted as Traffic Manager w.e.f. 25.06.1987 in ignorance of the seniority and status of the petitioners who are senior to respondent no. 3.

(2.) Perusal of order Annexure P - 3 shows that respondent no. 3 was promoted to the post of Superintendent Grade - II w.e.f. 02.09.1979. Vide order Annexure P - 2, the said respondent was given seniority above Sh. Bhajna Ram (since dead).

(3.) In the petition, it has been brought out that petitioner no. 1 joined the Transport Department as a Clerk on 14.03.1960. Petitioner no. 2 joined the department in Class - III category on 26.06.1975. In the seniority list circulated which has been placed on record as Annexure P - 1, name of petitioner no. 1 has been shown at Sr. No. 17 and that of petitioner no. 2 at Sr. No. 7. Respondent no. 3 has been shown at Sr. No. 27 in the said seniority list. It has been claimed that the petitioners were senior and deserved to be promoted, however, instead, respondent no. 3 has been given the benefit as is evident from Annexures P - 3 and P - 2.