IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.11248 of 2007 Date of decision: August 12, 2008 Bhopal Singh and others -----Petitioners Vs. State of Haryana and others -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE RAKESH KUMAR GARG Present: Mr. HS Sethi, Advocate for the petitioners. Mr. Suvir Sehgal, Addl.A.G.Pb. for respondent Nos. 1 and 2. Mr. RS Bajaj, Advocate for respondent No.3. Adarsh Kumar Goel,J. 1. This petition seeks quashing of order dated 17.1.2007, Annexure P.4 by which respondent Nos. 3 to 6 who were junior to the petitioners have been made senior to the petitioners in an arbitrary manner. Further challenge is to order dated 27.2.2007, CWP No.11248 of 2007 Annexure P.6 giving promotion to the said respondents on the basis of wrongful seniority given to them. 2. Case of the petitioners is that they joined as Inspectors in the Municipal Council and were promoted as Superintendents in the year 2000. Further promotional post is of Executive Officer, Grade III. 3. Respondent Nos. 3 to 6 were working as Personal Assistants. They were designated as Superintendents. Vide circular dated 11.10.1999, Anenxure P.1, it was made clear that only those Personal Assistants will be designated as Personal Assistants-cum- Superintendent Grade II who will not claim the seniority over and above the persons already working as Superintendents. The petitioners were working as Superintendents prior to designation of respondent Nos. 3 to 6 as such. Respondent Nos. 3 to 6 on their representation were re-designated as Superintendents, vide order dated 23.2.2001. The said order is to the following effect:- “Punjab Municipal Service of Personal assistants has been constituted vide Notification No.2DLG-MSC- 2001/Steno/Misc./1/117 dated 22.2.2001. 2. Now the post of Personal Assistant of Municipal councils is hereby re-designated as Personal Assistant-cum-Superintendent (Grade II) with prospective effect and the cadre of Personal Assistant-cum-Superintendent (Grade II) is merged in the cadre of Superintendent (Grade II) with effect from the date of issue of these orders. 2 CWP No.11248 of 2007 3. Only those Personal Assistants shall be re- designated as Personal Assistant-cum- Superintendent will not claim any seniority above the Superintendent (Grade II) already working in Municipal Councils/Nagar Panchayats.” 4. In the seniority list circulated vide Annexure P.2 dated 23.12.2003, respondent Nos. 3 to 6 were shown as junior to the petitioners. Their objections against the said seniority were rejected vide order dated 2.11.2004, Anenxure P.3. Subsequently, respondent Nos. 3 to 6 have been made senior and given promotion. 5. In the reply filed, stand on behalf of the State is that order of re-designation of respondent Nos. 3 to 6 which was passed on 23.2.2.001 was made operative from 15.12.1999 and thus, they were entitled to seniority above the petitioners vide order dated 27.2.2007, Annexure R1/3. 6. In view of order dated 11.10.1999, order dated 23.2.2001, Anenxure R1/2 and order finalizing of seniority list vide letter dated 2.11.2004, Annexure P.3, action of the respondents in giving seniority to respondent Nos. 3 to 6 over the petitioners and consequential promotion given to them is clearly arbitrary and cannot be justified. The settled final seniority list cannot be abruptly reversed without hearing the affected parties and without any change in situation. 3 CWP No.11248 of 2007 7. Accordingly, this petition is allowed and the impugned orders Anenxures P.4 and P.6 are quashed. (Adarsh Kumar Goel) Judge August 12, 2008 (Rakesh Kumar Garg) ‘gs’ Judge 4