A.L. Bahri, J. - (1.) The matter relates to fixation of seniority of Sub Inspectors, Food and Supplies, working in the State of Punjab. Earlier, the matter of fixation of seniority was raised in the writ petition which was allowed. However, letters patent appeal filed against the said judgment was accepted. The Supreme Court affirmed the decision of the letters patent appeal by dismissing special leave petition. Vidya Bhushan and Shinder Pal Singh, the present petitioners, who were not parties in the previous litigation as referred to above, have now filed this writ petition under Articles 226 and 227 of the Constitution for quashing the seniority list of Sub Inspectors in the department of Food and Supplies, Punjab, Copy Annexure P.1. This seniority list was finalised on September 3, 1984, after decision of Supreme Court. On that very day, petitioner No. 2 Shinder Pal Singh was reverted from the post of Inspector to that of Sub Inspector. The said order is also under challenge.
(2.) The present petitioners as well as petitioners in the previous writ petition were recruited as Sub Inspectors in 1971 (to be declared as batch of 1971). With effect from January 1,1973, the services of petitioners were regularised. In the year 1972, Ramesh Gupta and others, respondents Nos. 3 to 180 were recruited as Sub Inspectors on ad hoc basis on different dates and subsequently their services were also regularised with effect from the date of joining their service. They are being described as batch of 1972. In November, 1978, a seniority list of Sub Inspectors as on June 30, 1976, was prepared, copy of which is Annexure P.l. The present petitioners were shown in this seniority list at serial numbers 781 and 757 respectively whereas respondents Nos. 3 to 180 were shown at serial numbers 543 to 720, that is senior to the petitioners. Abinash Chander, Sub Inspector of 1971 batch filed C.W.P. No. 1078 of 1978 challenging the seniority list. As already noticed above, learned Single Judge of this Court allowed the writ petition. However, the said decision was upset by the Letters Patent Bench on September 13,1983 in L.PA.. No. 678 of 1980 and special leave petition was dismissed by the Supreme Court. The decision of the Division Bench was briefly to the following effect while maintaining the seniority list.
(3.) The batch of Sub Inspectors recruited in the year 1971 were to be placed junior to the batch of 1972 on the ground that their appointments were made by the District Food and Supplies Controller who was not competent to do so and their date of joining service would be date of regularisation made by the State Government, that is January 1, 1973. With respect to the batch of 1972, it was held that they were regularly appointed by the Director, Food and Supplies, a competent authority and they were made regular with effect from the date of joining service. Thus, the seniority list prepared by the department was legal.;