G.S. Sandhawalia, J. - (1.) THE present writ petition has been filed under Articles 226 /227 of the Constitution of India seeking a direction against respondents No. 1 to 3 to assign to the petitioner correct placement in seniority (gradation) list of the Ministerial staff of the Director of Fisheries. Punjab (Head Office cadre) above respondents No. 4 and 5. The pleaded case of the petitioner is that in pursuance of the advertisement published by the Subordinate Service Selection Board (hereinafter after called as "the Board") in 1975 for the posts of Punjabi Typists, test/interview was held for selection to the said posts between September 1975 to February, 1976. The petitioner and respondent No. 4 -Sita Wati were selected alongwith other candidates. The Board published another advertisement for selection to the posts of English/Punjabi Typists and test for the same was held in May, 1976, in which respondent No. 5 -Raghbir Singh was selected alongwith other candidates. The petitioner and respondent No. 4 -Sita Wati were selected in one batch prior to 1976 and as per the merit list of the Board petitioner was placed at serial No. 245 while respondent No. 4 -Sita Wati was placed at serial No. 429. Respondent No. 5 -Raghbir Singh was selected later on and in subsequent batch in the month of May, 1976 and his merit placement was at serial No. 413. Thus, both the private respondents were junior to the petitioner in the selection made by the Board.
(2.) THE Board recommended the name of the petitioner initially to the Director, Health Department, Punjab, Chandigarh on 21.4.1977 but he did not get any appointment letter from the said department. His name was thereafter recommended by the Board to the Director and Warden of Fisheries, Punjab, Chandigarh on 22.6.1977. The petitioner was, accordingly, issued appointment letter on 27.7.1977 by the department and he joined on 17.8.1977 after completing formalities including medical test etc. The name of respondent No. 4 -Sita Wati was recommended on 6.5.1977 and she joined on 25.5.1977. Similarly, the name of respondent No. 5 -Raghbir Singh was also recommended by the Board to the Director, Health Department, Punjab but he did not get the appointment letter there and later on his name was recommended on 21.6.1977 to the Director and Warden of Fisheries, Punjab, Chandigarh and he joined this office on 12.8.1977. Respondent No. 3 had prepared seniority (gradation) list of the Ministerial staff of the Director of Fisheries, Punjab (Head office cadre)as on 1.1.1988 and name of the petitioner was mentioned at Sr. No. 23 whereas names of respondent No. 4 -Sita Wati and respondent No. 5 -Raghbir Singh were mentioned at Sr. No. 21 and 22 respectively. Thus, the petitioner had been shown junior to both the private respondents and respondent No. 3 circulated the said seniority list amongst the officials of its Directorate and invited objections thereto, if any. The petitioner submitted his objections on 5.7.1988 and elaborated his position on 25.7.1988 but did not get any reply from the official respondents. On 28.4.1989, it was conveyed to the petitioner that his representation has been considered and filed. The petitioner filed an appeal before the Government on 2.6.1989 and the same was rejected on 6.4.1994 and was conveyed to the petitioner on 22.8.1994. Reference was made to the rules called the Punjab Fisheries (Ministerial State Service) Class III Rules, 1984 (hereinafter called "the 1984 Rules") and pleaded that seniority was to be determined as per the aforesaid Rules and the order of merit determined by the Board shall not be disturbed. It was further pleaded that in case the 1984 Rules did not govern the case of the petitioner and respondents No. 4 and 5, yet the petitioner could not be placed in the seniority list below private respondents No. 4 and 5. The Board was constituted in 1957 -58 and prior to that the members of the service were governed by the Rules called the Punjab Fisheries Subordinate Service Rules, 1935 (hereinafter referred to as "the 1935 Rules"). The Board had selected the candidates and prepared the list according to their merit and recommended their names to the various departments for appointment. Reference was made to the instructions dated 15.3.1962 and 8.9.1986 to plead that merit list prepared by the Board would prevail.
(3.) IN the written statement filed by respondents No. 1 to 3, it was admitted that petitioner and respondent No. 3 -Sita Wati were selected in the same batch whereas respondent No. 5 -Raghbir Singh was selected in the later batch in the month of May, 1976. It was also admitted that the petitioner and respondent No. 4 -Sita Wati were placed in merit list at serial Nos. 245 and 429 respectively whereas respondent No. 5 -Raghbir Singh was placed in merit list at serial No. 413 of the later batch. The fact that the petitioner's name was recommended initially to the Director, Health Department, Punjab but he did not get appointment and later on his name was recommended by the Board to respondent No. 3 and the petitioner joined as Clerk on 17.8.1977 whereas respondent No. 4 -Sita Wati joined as Clerk on 25.5.1977 and respondent No. 5 -Raghbir Singh joined as Clerk on 12.8.1977 was also admitted. The seniority(gradation) list as on 1.1.1988 was circulated on 24.6.1988 and prior to that list seniority (gradation) list as on 1.1.1980 was circulated on 27.9.1980 by respondent No. 3 in which name of the petitioner appeared at Sr. No. 26 while names of respondents No. 4 and 5 appeared at Sr. No. 23 and 25 respectively above him. The petitioner had not made any representation against that while another person namely Amarjit Kaur had made objections. On the basis of the said objections, the revised seniority list was circulated on 30.5.1985. No representation was made by the petitioner against this revised seniority list in which respondents No. 4 and 5 were again shown senior to him. Respondent No. 4 -Sita Wati was confirmed as Clerk with effect from 11.4.1984 vide order dated 26.2.1986 but the petitioner did not make any representation. Respondent No. 5 -Raghbir Singh was also confirmed with effect from 1.12.1985 as per order dated 10.10.1986 against which no representation was made by the petitioner.;