IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH L.P.A. No.48 of 2010 Date of decision: July 02, 2010 Som Nath and another .. Appellants Vs. State of Haryana and others .. Respondents Coram: Hon'ble Mr. Justice M.M. Kumar Hon'ble Mr. Justice A.N. Jindal Present: Mr. V.B. Aggarwal, Advocate for the appellants. Ms. Mamta Singhal Talwar, AAG, Haryana. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the digest? M.M. Kumar, J The instant appeal filed under Clause X of the Letters Patent Act is directed against order dated 17.8.2009 passed by the learned Single Judge in Civil Writ Petition No.6664 of 1988. The learned Single Judge has rightly found that the seniority list of Peons, which was issued in the year 1982, was subsequently changed in the year 1987 without affording any opportunity of hearing to the appellants. The learned Single Judge proceeds to issue direction to the respondent to serve a show cause notice on the appellants disclosing the reasons for which the seniority list was required to be changed and pass afresh order in accordance with law. However, the learned Single Judge in the operative para of his order has rejected the prayer of the appellants seeking promotion to the post of Clerk. Mr. Aggarwal, learned counsel for the appellants, has confined his prayer in the instant appeal only to the limited extent that in case, on review of the seniority list, the appellants are found entitled to acquire better seniority position and then it might be found that the persons juniors to them according to the re-determined seniority list have been promoted to the post of Clerk. In such a case, their cases have to be considered for L.P.A. No.48 of 2010 -2- promotion and the observations made by the learned Single Judge may not be misunderstood that they are only entitled to seniority and not promotion as Clerk. On the aforesaid issue, we have issued notice of motion for final disposal of the appeal. Ms. Mamta Singhal Talwar, AAG, Haryana has put in appearance. We have heard learned counsel for the parties and are of the view that the contention raised on behalf of the appellants deserves to be accepted. Once it is found that the seniority list of Peon issued in the year 1982 has been changed at the back of the appellants in the year 1987 and the learned Single Judge has granted the relief to the petitioners by issuing direction to the respondent to hear the appellants and issue show cause notice to them disclosing the reasons for change in the seniority list, then it would naturally follow that in case the appellants gain superior seniority position in the re-determined seniority list then they would be entitled to be considered for promotion, in case a person junior to them in re-determined seniority has been promoted as Clerk. Let the whole exercise be undertaken within a period of four months from the date of receipt of a certified copy of this order. The appeal is disposed of with the aforesaid modification. Rest of the directions shall continue as have been issued by the learned Single Judge. (M.M. Kumar) Judge July 02, 2010 (A.N. Jindal) deepak Judge