MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide order dated December 21,1989 the seniority of the petitioners vis-a-vis respondents 3 to 5 was altered. As a consequence, vide order dated January 18,1990, the said respondents were promoted retrospectively with effect from the year 1972. Aggrieved by this action, the petitioners approached this Court through the present writ petition. The petitioners have a two-fold grievance. Firstly, it is averred that the seniority had been upset without the grant of any opportunity whatsoever to the petitioners. As a consequence, it is claimed that the order dated December 21,1989 is further submitted that since the impugned seniority list is invalid, the grant of retrospective promotion to respondent Nos. 3 to 5 cannot be sustained.

(2.) In the written statement filed on behalf of the respondents, it has been averred that on reconsideration of the matter, the order dated January 18,1990 (Annexure P-1) has been withdrawn. So far as the averment of the petitioners that the seniority had been upset without the grant of any opportunity to the petitioners, no explanation whatsoever has been given in the written statement. Consequently, it can be safe to assume that the averment of the petitioners is correct.

(3.) I have heard Mr. Subhash Ahuja for the petitioners and Mr. Jaswant Singh for the respondent. It is well settled that the seniority cannot be changed without the grant of any opportunity to the persons who are likely to be affected. Admittedly, no such opportunity was given. Accordingly, the order dated December 21, 1989 by which the seniority was changed, cannot be sustained. As a consequence, even the order dated January 18,1990 was liable to be set aside. However, as already noticed : above this order has already been withdrawn by the respondents.