- (1.) The instant appeal under Clause X of the Letters Patent Appeal is directed against judgment dated 30.06.2011 rendered by the learned Single Judge dismissing the writ petition filed by the Appellant holding that the service rendered by them in erstwhile Department of Consolidation of Holding which was wound up, could not be counted for the purposes of seniority after their absorption as Clerk in Punjab Civil Secretariat.
(2.) There is no dispute on facts that the writ Petitioner-Respondent were initially appointed on 20.04.1960 (Annexure P-1). They had started working in the office of the Settlement Officer Consolidation of Holdings, Patiala. However, their services were retrenched on 03.03.1966. Thereafter, they were absorbed on 02.04.1966 (Annexure P-3) and they were offered appointment as temporary Clerk in Punjab Civil Secretariat on 27.04.1966 (Annexure P-4). The Respondent-State issued instructions on 21.07.1978 (Annexure P-6). According to Clause 3 of the instructions it was stipulated that the ministerial staff of the consolidation department absorbed in any other department may be assigned seniority on the basis of the continuous length of service in the same or equivalent cadre. Despite, the fact that a favourable departmental memo was issued the Appellant did not proceed for enforcement of their rights and instead kept on making representation after representation. One such representation was made on 25.09.1989 (Annexure P-7) and the other one was made on 06.12.1989 (Annexure P-8). Thereafter, it was followed by a legal notices dated 14.11.1990 (Annexure P-11 & P-12).
(3.) In the written statement filed by the Respondent State of Punjab, an objection was raised that the Appellant joined service of the State of Punjab before reorganization of the States of Punjab and Haryana but made a representation against their existing seniority for the first time in 1989. With regard to the instructions dated 21.07.1978 concerning fixation of seniority by granting benefit of earlier service it has been point out that a question of seniority of Appellant is governed by Rule 9 of the Punjab Civil Secretariat State Service Rules 1952. According to the aforesaid rules seniority is to be fixed from the date of substantive appointment in the Punjab Civil Secretariat. An objection has been raised with regard to huge delay by private Respondents in their written statement.;