- (1.) Petitioner in this writ petition prays for the quashing of the order dated 1.3.2006 passed by respondent No. 2 vide which he has been assigned seniority No. 28-A below Shri Biram Singh and further prayer for grant of notional promotion as Inspector with effect from the date his junior Biram Singh stands promoted.
(2.) The petitioner and said Biram Singh were selected together to the post of Sub Inspector, Co-operative Societies by the erstwhile Punjab Subordinate Services Selection Board (hereinafter referred to as 'the Board') in the year 1960. The petitioner was placed at Sr.No. 20 by the Board whereas Biram Singh was assigned merit No. 44. On the recommendations made by the Board, both of them were appointed as Sub-Inspectors on the same date and they joined as such, also on the same date i.e. 13.5.1960. The seniority of the Sub Inspectors was circulated by the Registrar, Co-operative Societies wherein representations were filed by the petitioner and others but no decision thereon was taken. Thereafter, the Raghbir Singh Malik filed C.W.P.No. 901 of 1987 in this High Court, which was allowed and a direction was issued to the respondents therein to redetermine the seniority of the petitioner. The operative part of the order passed by this Court is reproduced herein-under : "In view of the above, the writ petition is allowed. Order, Annexure P/5 is quashed. The respondents are directed to re-determine the seniority of the petitioner from the date he joined as Sub Inspector on 13.5.1960 on the basis of the recommendations made by the Subordinate Services Selection Board, Punjab. Since the petitioner has retired, the respondents are directed to notionally re-fix the seniority of the petitioner. The petitioner shall also be considered for promotion as and when due under the rules and the seniority be fixed in accordance with rules. In case the petitioner is found to be suitable for promotion, notional promotions be granted. The petitioner shall be entitled to consequential benefits also. In case the petitioner is promoted with retrospective effect, the retiral benefits of the petitioner shall be re-fixed and the same be released to the petitioner. Let the necessary action be done within three months of the receipt of certified copy of this order. Sd/- S.S. Nijjar Judge" 22.01.2003
(3.) The petitioner along with four other Sub Inspectors filed C.W.P. No. 9978 of 1988 challenging therein the same seniority list. The said writ petition came up for hearing before a Division Bench of this Court and it was allowed in the same terms as in C.W.P. No. 901 of 1987 (Raghbir Singh Malik v. State of Haryana and another, 2003 1 SCT 764 (P&H).;