R.S. Mongia, J. - (1.) This is Letters Patent Appeal on behalf of the State of Punjab, against the judgment of learned Single Judge, in C.W.P. No. 2043 of 1976, dated 12th April, 1983, by which the learned Single Judge had directed the State Government to promote the writ petitioner Bachan Singh as Superintendent with effect from 26th April, 1964, the date when his junior was so appointed and to give him the consequential benefits regarding seniority, pay etc.
(2.) Brief facts of the case are that, according to the petitioner he had been promoted to the post of Head Clerk with effect from 29th January, 1959, while persons junior to him who were promoted as Head Clerks with effect from 1st December, 1962, were promoted as Superintendents with effect from 26th April, 1964, whereas the petitioner was ignored for promotion on the ground that he had not passed the Assistant Grade examination, which was a condition precedent for promotion. It may be mentioned here that Bachan Singh, writ petitioner had also filed C.W.P. No. 1139 of 1966, inter-alia praying that in view of the judgment of the Division Bench of this Court in State of Haryana v. Shamsher Jang Shukla, 1968 P.L.R. 943 . the Assistant Grade examination could not be introduced as a condition precedent for being promoted as Superintendent. That writ petition was allowed on 7th October, 1968 and it was directed that the petitioner's seniority would be decided by the respondents unaffected by the result of the qualifying test prescribed for promotion in the Rules. It is not disputed before us that the judgment in C.W.P. No. 1139 of 1966 is final between the parties.
(3.) In the writ petition Bachan Singh petitioner had averred that in spite of the earlier judgment, he had not been promoted as Superintendent with effect from the date his junior was promoted i.e. 26th April, 1964. The stance taken by the State in the written statement to the writ petition was that the petitioner's promotion on 29th January, 1959, as Head Clerk was on provisional basis and subject to the review on the finalisation of the joint intergrated seniority of Industrial Training Institutes and Vocational Training Centre Staff. It is further stated that on 1st June, 1958, the petitioner was working as a Clerk, whereas Sarvshri Satya pal, Ajit Singh and R.L. Bhanot etc. were holding higher posts of Accountants in the grade of Rs. 106-200. It was submitted that since the petitioner was junior as Clerk on 1st June, 1958 as compared to the persons mentioned above, his case could not be considered for promotion earlier than the above said officials.;