JUDGEMENT
-
(1.)Delay condoned. Leave granted in SLP No. . . . ./97 (CC Nos. 8677-8678/97).
CA7605-7610/96.
(2.)These appeals by special leave are against the judgment dated 21st December, 1994 of the Division Bench in Letters Patent Appeal arising out of the judgment dated 25-4-1986 of the single Judge in Civil Writ Petition No. 772 of 1984 which was filed in the High Court by B. S. Bajwa and B. D. Kapoor. The grievance made by them was, in substance, with regard to their seniority and placement in the gradation list of the department.
(3.)The material facts in brief are this. Both B. S. Bajwa and B. D. Kapoor joined the Army and were granted Short Service Commission on 30th March, 1963 and 30th October, 1963 respectively when they were students in the final year of the Engineering Degree Course. B. S. Bajwa graduated thereafter in June, 1963 and B. D. Gupta graduated in 1964. On being released from the Army B. S. Bajwa joined the PWD (B and R) on 4-5-1971 and B. D. Gupta joined the same department on 12th May, 1972. There position in the gradation list was shown throughout with reference to these dates of joining the department. It is sufficient to state that throughout their career as Assistant Engineer, Executive Engineer and Superintending Engineer both B. S. Bajwa and B. D. Gupta were shown as juniors to B. L. Bansal, Nirmal Singh, G. R. Chaudhary, D. P. Bajaj and Jagir Singh. It is also undisputed that B. L. Bansal, Nirmal Singh, G. R. Chaudhary, D. P. Bajaj and Jagir Singh got their promotions as Executive Engineer select grade and promotion as Superintending Engineer prior to B. S. Bajwa and B. D. Kapoor. It is obvious that the grievance, if any, of B. S. Bajwa and B. D. Kapoor to their placement below B. L. Bansal, Nirmal Singh, G. R. Chaudhary, D. P. Bajaj and Jagir Singh should have been from the very inception of their career in the department, i.e. from 1971-72. However, it was only in the year 1984 that B. S. Bajwa and B. D. Kapoor filed the aforesaid writ petition in the High Court claiming a much earlier date of appointment in the department. The learned single Judge allowed the writ petition which led to Letters Patent Appeal No. 424/86 being filed by B. L. Bansal, Nirmal Singh, G. R. Chaudhary, D. P. Bajaj and Jagir Singh before a Division Bench of the High Court.