- (1.) Challenge in this Civil Writ petition is to Annexure P-17 dated 11.12.1998 and Annexures P-18 and P-19 dated 16.12.1998 whereby the petitioner has been declared junior to private respondent Sandeep Jain.
(2.) The brief facts of the case are that the petitioner, private respondent No. 3 and other candidates in response to advertisement dated 10.08.1989 applied for two posts of Section Officers (Accounts). The petitioner, respondent No. 3 and 58 other candidates were interviewed. The petitioner and respondent No. 3 were selected. The petitioner was placed at serial No. 1 and private respondent No. 3 was placed at serial No. 2 in order of merit on the basis of their qualifications, experience and interview by the Selection Committee. The petitioner and respondent No. 3 joined service as Section- Officers. Similarly, the posts of Clerks were filled on the basis of interview. The seniority of the Clerks was also fixed on the basis of selection list prepared by the respondent-Corporation. Similarly, seniority list of Assistants and Junior Scale Stenographers was prepared in order of merit. They were selected. In the tentative seniority list of the petitioner and respondent No. 3, petitioner has been shown at serial No. 1 and respondent No. 3 has been shown at serial No. 2. The respondent No. 3 submitted a representation dated 22.03.1995, Annexure P-4 claiming seniority over and above the petitioner but the Managing Director, who was one of the members of the Selection Committee dismissed the representation on 26.05.1995, Annexure P-5. The respondent No. 3 preferred appeal dated 23.06.1995, Annexure P-6, to the Board of Directors of respondent-Corporation and that appeal was also rejected vide order dated 19.09.1995, Annexure P-7. It is further mentioned that according to the bye- laws of the Corporation known as The Punjab Police Housing Corporation Employees Service Bye Laws, no appeal is provided against the order of rejection of representation. Although the representation and the appeal preferred by respondent No. 3 against tentative seniority list were rejected by the Managing Director and Chairman of the Corporation respectively yet respondent No. 3 served reminder dated 23.02.1996, Annexure P-8 to the Board of Directors and the same was rejected on 05.03.1996. Respondent No. 3 again submitted reminder dated 16.07.1996 to the Board of Directors vide Annexure P-9. The Managing Director, vide endorsement dated 21.08.1996 conveyed the order of Chairman dated 19.09.1995 whereby his appeal against the rejection order dated 21.03.1995 was rejected. Further promotion from the post of Assistant Collector (F&A) to the post of Deputy Controller (F&A) is being made on the basis of merit-cum-seniority as per bye-laws. The post of Deputy Controller (F&A) became vacant in the month of July, 1997 on account of repatriation of incumbents holding the said post to their parental department. Shri K.N. Sharma, Controller (F&A) also proceeded on leave in the month of December, 1997 and accordingly both the posts of Controller and Deputy Controller (F&A) became vacant. The petitioner was the senior-most Assistant Controller in the Corporation. Therefore, he was re-designated as Deputy Controller (F&A) and was given the charge of the post of Deputy Controller (F&A) vide order dated 12.12.1997, Annexure p-10.
(3.) It is further pleaded that the Departmental Selection Committee was constituted for filling up the post of Deputy Controller (F&A) by way of promotion and the name of the petitioner was cleared for promotion to the post of Deputy Controller (F&A). Accordingly, the petitioner was promoted as Deputy Controller vide order dated 01.04.1998, Annexure P-11 on regular basis. He joined as Deputy Controller on 02.04.1998 and till then working as such.;