IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA LPA No.53 of 2009. Date of decision: 08.12.2010 ------------------------------------------------- Sita Ram Appellant. Versus State of Himachal Pradesh & others. Respondents. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice V.K. Ahuja, J. Whether approved for reporting? Yes. For the petitioner: K.D.Shreedhar, Advocate. For the respondent: Mr. R.K.Bawa, Advocate General with Mr. No.1 to 3. Ankush Dass Addl. A.G. & Mr. J.K.Verma, Deputy Advocate General. ________________________________________________________ Justice Kurian Joseph,C.J.(Oral): The petitioner has come up in appeal against the judgment of learned Single Judge dated 10.3.2009 passed in CWP No.2606 of 2008. 2. The grievance pertains to the seniority in the cadre of Constable/Radio Technician. According to the petitioner, 37 candidates were selected and were recommended for appointment as Constable Radio Technicians in the interview conducted in July, 1980. 3. It is the case of the petitioner that the date of appointment being the same in respect of all the candidates, the inter se seniority should be governed by the order of merit as indicated in the select list. The learned Single Judge dismissed the writ petition holding that the procedure of fixation of seniority on the basis __________________ Whether reporters of local newspapers are allowed to see the judgment? 2 of merit in the select list, would be applicable only to the Officers and not to the lower subordinate staff. Thus aggrieved, the present appeal. 4. The dispute pertains to the interpretation of Rule 12.23 of the Punjab Police Rules, on the first principles of fixation of seniority. In order to appreciate the controversy, it is necessary to refer to the rule which reads as follows: “All appointments of enrolled Police Officers are on probation according to the Rules in this Chapter applicable to each rank. Seniority in the case of upper subordinates will be reckoned in the first appointment, Officers promoted from a lower rank being considered seniority to persons appointed direct on the same date, and the seniority of Officers appointed direct on the same date being reckoned according to age. Seniority shall, however, be finally settled by dates of confirmation, the seniority inter-se of several Officers confirmed on the same date being that allotted to them on first appointment. Provided that any Officer, whose promotion or confirmation is delayed by reason of his being on deputation outside his range or district shall, on being promoted or confirmed, regain the seniority, which he original held vis-à-vis any Officers promoted or conformed before him during his deputation. The seniority of lower subordinates shall be reckoned from dates of appointment, subject to the conditions of Rule 12.24 and provided that a promoted Officer shall rank 3 senior to an Officer appointed direct to the same rank on the same date. Provided that in the case of Officers recruited direct after 23rd December, 1958, as a result of the same examination or selection their inter-se seniority shall be reckoned. a) By the order of merit fixed by the Selection Body, and b) When there is no such order by merit indicated, by the age of the candidate, the oldest being placed the senior-most and the youngest the junior-most.” 5. The post of Constable/Radio Technician pertains to the lower subordinate staff category. As far as the fixation of seniority of lower subordinate staff is concerned, the Rule provides that the same will be reckoned from the date of appointment. Rule 12.24 has nothing to do with the dispute herein since the same pertains to the fixation of seniority in the matter of Ex- Servicemen/ Ex-Police Officers etc. 6. Once it is prescribed in the rules that the seniority in a cadre will be reckoned or fixed from the date of appointment, that does not mean that the same be reckoned or fixed from the date of joining duty. The appointment is made from a select list prepared on the basis of merit. All appointments are made on the same date. If the date of joining duty is taken as the norm, the person nearest to the Headquarters will always get the advantage of joining first in the station. That will be unjust and unreasonable. Therefore, the Rule making authority has consciously provided the norm that the seniority 4 will be fixed on the basis of the date of appointment. Once the date of appointment is taken as a norm among candidates appointed on the same day, their inter se seniority has to be fixed on the basis of merit in the select list. That shall not depend upon the fact as to whose appointment order has been first signed or first dispatched, or who has joined duty first from the list. Therefore, the seniority in the case of lower subordinate staff in the category of Constable/Radio Technician shall be fixed on the basis of the date of appointment. In the case of all those who are appointed on a particular date, their inter se seniority shall be fixed on the basis of their merit in the select list. 7. In that view of the matter, the appeal is allowed and the judgment of the learned Single Judge is set aside. The needful action, in the light of the directions as above, shall be taken within a period of three months from the date of production of a copy of this judgment by the appellant. 8. With the above directions, the appeal stands disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph) Chief Justice December 8, 2010 ( Justice V.K. Ahuja ), (SDS/krt) Judge