I.S. Tiwana, J. - (1.) It is the conceded position here that initially the petitioner was placed senior to Shri Ajit Singh Walia, respondent No. 3 at two stages of his service career, i. e., as Tracer and Assistant Draftsman and that his seniority has now been up set vide the impugned order of the Chief Engineer dated 14th Oct., 1976 (Annexure P. 1). As per the contents of this order, respondent No. 3 has been placed senior to the petitioner on account of the acceptance of his (former's) representation. It is again the conceded position that while upsetting the seniority of the petitioner no hearing of any sort was afforded. By now it is well settled that the seniority of a Government employee cannot be changed to his disadvantage without affording a hearing to him.
(2.) However, it is sought to be explained on behalf of the respondent-authorities that the petitioner was placed senior to respondent No. 3 through a clerical mistake. This plea is totally misconceived and ill-founded. Shri Kang, the learned counsel for the respondent-authorities, has explained to me that as a matter of fact the seniority of the two contestants had to be determined in the light of Government instructions dated 15th Oct., 1965, issued at the time of the merger of two departments, i. e., Capital Project Chandigarh where the petitioner was employed and the P. W. D. (B & R), Chandigarh. According to the learned counsel it is on account of these considerations that the petitioner's seniority has been upset as indicated above. It is, thus manifest that the reason for the disturbance of petitioner's seniority is not any clerical mistake but as has been explained by Mr. Kang, the respondent authorities feel that on merits the claim of respondent No. 3 should succeed.
(3.) In the light of the above-noted facts I am of the considered view that the petitioner's seniority could not be disturbed without affording any hearing to him. I, therefore, quash order annexure P1 and his reversion vide order annexure P. 2 as a consequence of the disturbance of his seniority and direct the respondent-authorities to go into the matter afresh after affording a hearing to the petitioner and others whose seniority is likely to be disturbed. I pass no order as to costs. Order accordingly.;