RAVAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition C.W.P. 8745/87 under Article 226 of the Constitution of India, the petitioners are seeking issuance of writ of certiorari to quash the order of the Punjab Government, dated 10.11.1987 declaring the seniority list dated 10.3.1987 as final in so far as the seniority of Rajinder Singh vis-a-vis the petitioner is concerned.

(2.) The petitioners are working as Assistants in the Civil Secretariat of Punjab with effect from 10.9.1969, 18.9.1969, 7.11.1969, 20.1.1970, 25.8.1973 and 8.10.1973 respectively whereas according to them, Rajinder Singh, the 2nd respondent joined as Assistant in the Civil Secretariat, Punjab on 19.12.1973. After joining the service, the 2nd respondent made a representation that he should be given the benefit of military service as he worked in the regular Armed Force namely the India Air Force. As envisaged under the Punjab Government National Emergency (Concession) Rules, 1965 (hereinafter referred to as the rules), the Government of Punjab granted the benefit of military service to the 2nd respondent and placed him as senior to the petitioners and the representation filed by the petitioners was rejected. The petitioners are challenging the same in this writ petition.

(3.) There is no dispute of the fact that the 2nd respondent joined the Auxiliary Air Force on 14.1.1962 and was released on 30th August, 1967. There is also no dispute of the fact that the 2nd respondent who was appointed as Assistant joined as such in the Government of Punjab on 19.12.1973.