CWP NO.6348 OF 1987 :1: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 5.11.2008 Kewal Krishan ...Petitioner VERSUS State of Punjab and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: None for the petitioner Mr.SS.Sahu, AAG, Punjab Mr.Akshay Bhan, Advocate and Mr.Vinit Soni, Advocate for respondent no.3 Permod Kohli, J. (Oral) The petitioner joined the Elections Department as Clerk on 16.5.1952 and he was subsequently confirmed as Clerk w.e.f. CWP NO.6348 OF 1987 :2: 1.3.1956. It is alleged that his services were governed under the Punjab Election Department (Class III) Subordinate (Field) Service Rules, 1963. Under Rule 6 of this Rule, the appointment to the post of Election Naib Tehsildar was to be made by promotion from amongst Election Kanungo or by transfer of Assistants of the Punjab Elections Department. The petitioner was promoted as Assistant vide order dated 10.7.1961. Thereafter vide another order dated 18.5.65, he was appointed as Election Naib Tehsildar by way of transfer and accordingly he joined on the post of Naib Tehsildar on 15.6.1965. It is alleged that the petitioner was confirmed against the post of Election Naib Tehsildar w.e.f. 1.11.1966 vide order dated 11.8.1971. While working as Election Naib Tehsildar, the petitioner was promoted and appointed as Assistant Chief Electoral Officer vide order dated 17.4.1984. He was again promoted against the post of Electoral Officer vide order dated 25.6.1984. It is further stated that the petitioner was further promoted against the post of Deputy Chief Electoral Officer on 19.1.1987 on ad hoc basis. The appointment of the petitioner as Deputy Chief Electoral Officer was, however, extended upto 30.9.1987. It is stated that the State Government issued instructions laying down the qualification of Assistant Grade Examination for promotion against the CWP NO.6348 OF 1987 :3: post of Assistant from Clerks in various offices of the State. Respondent no.2 issued a letter dated 3.11.1982 asking the petitioner to submit objections against the tentative seniority list of Assistants wherein the petitioner was shown at Sr.No.13 and was assigned date of appointment as Assistant as on 1.1.75. The petitioner claimed that his actual date of appointment was 15.7.1961. Aggrieved of the aforesaid letter, the petitioner made representation dated 23.11.1982. The petitioner was granted personal hearing on 19.11.1986. However, the respondents treated him to be member of ministerial cadre of Head Office of Punjab Elections Department. Vide letter dated 4.9.1987, the respondents circulated another tentative seniority list in which his name was again shown at Sr.No.16 by assigning him assumed date of promotion as Assistant on 1.1.1975. The petitioner submitted objections to the said seniority list and subsequently, the seniority list was finalized vide order dated 7.1.1988. The petitioner has challenged the seniority list primarily on the ground that on his transfer and appointment as Election Naib Tehsildar, his lien to the parent department should terminate. He has accordingly challenged his seniority position and also sought relief for allowing him to continue to be member of service of the Head Office of the Punjab Elections CWP NO.6348 OF 1987 :4: Department. The stand of the respondent-State is that the promotion of the petitioner as Assistant was only on the basis of passing the Assistant Grade Examination whereas there were persons senior to him in the department. Subsequently, the Hon'ble Supreme Court quashed the condition of passing of the departmental examination and on that basis respondent no.3 was assigned the senior position over and above the petitioner. I am informed that both the petitioner and private respondent no.3 have retired from service. In view of the above, this petition is rendered infructuous. It is, however, made clear that the petitioner shall not be deprived of the retiral benefits which might have been settled in his favour at the time of his retirement. With these observations, this writ petition is disposed of. (PERMOD KOHLI) JUDGE 05.11.2008 MFK CWP NO.6348 OF 1987 :5: