RSA No.450 of 1991 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.450 of 1991 Date of Decision: 5.9.2008 Jagjiwan Parshad and another .....Appellants Vs. Sh.Kehar Singh and others and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Girish Agnihotri, Senior Advocate with Mr.Sanjeev Punj, Advocate for the appellants. Ms. Jatinderjit Kaur, Advocate for the Cantonment Board. Mr. Rajiv Sharma, Advocate for Union of India. ... RAJIVE BHALLA, J (Oral) The dispute in this regular second appeal relates to the seniority amongst Clerks and Tax Collectors Grade-I and II, employed with the Cantonment Board,Jalandhar Cantt. During the pendency of this appeal, an affidavit of Sh.K.J.S. Chauhan, Cantonment Executive Officer, Cantonment Board, Jalandhar Cantt. dated 13.12.2005 was filed alongwith CM No.11799-C of 2005. A relevant extract from the affidavit reads as follows :- “(a). That as per instructions contained in the Min. of defence, Govt. of India, letter no. 25/65/C/L&C/72/3146/C/D (Q&C) dated 7.12.1973, the posts of Octroi Moharrirs (Non-Matric) herein after termed “Tax Collector Grade-II” was abolished. No under-matric tax collectors (Tax Collectors Grade-II) RSA No.450 of 1991 2 have been appointed after said order and as on date no under-matric Tax Collector Grade-II is working in Cantonment Board,Jalandhar Cantt. Copy of Govt. of India letter no.25/65/C/L&C/72/3146/C/D (Q&C) dated 7.12.1973 annexed herewith as Annexure RA/1. (b). The Cantonment Board Jalandhar has already filed an affidavit in 2003 in above RSA in Punjab and Haryana High Court at Chandigarh in favour of Joint Seniority list of Clerks and the Tax Collectors Grade-1, in the above said RSA 450 of 1991, as per the instructions issued by the Directorate, Defence Estate, Western Command, vide letter no.4/959/Cantt/DE/11 dated 16.7.1992 and duly ratified by the Cantonment Board, vide resolution No.13, dated 16.12.1992. Copy of Directorate, DE, WC letter No.4/959/Cantt/DE/11 dated 16.7.1992, annexed here as Annexure RA/2 and copy of Cantt Board Resolution No.13 dated 16.12.1992, annexed here as Annexure- RA/3. Therefore the Cantonment Board Jalandhar has No objection if the hon'ble Court (while deciding RSA 450 of 1991) so order that there should be Joint Seniority List of Clerks and Tax Collectors Grade-I. (c). The Cantonment Board Jalandhar is already following reservation policy and will follow too after implementation of Joint Seniority list of Clerks and Tax Collectors Grade-I, as per rules and norms of Central RSA No.450 of 1991 3 Government.” As the affidavit filed by and on behalf of the Cantonment Board, by the Cantonment Executive Officer accepts that the Cantonment Board would henceforth maintain a joint seniority list of Clerks and Tax Collectors, Grade-I, counsel for the appellants states that the appeal be accepted by modifying the judgements and decrees passed by the Courts below, in accordance with the above mentioned affidavit. Counsel for the Cantonment Board states that the Cantonment Board stands by its affidavit dated 13.12.2005 and has no objection, if the judgements and decrees passed by the Courts below are modified in terms of the above affidavit. Consequently, the appeal is allowed, the judgements and decrees passed by the Courts below are modified to the extent that the Cantonment Board, Jalandhar Cantt, shall prepare and implement a joint seniority list of Clerks and Tax Collectors, Grade-I, as per rules and norms of the Central Government. Decree sheet be prepared accordingly. No order as to costs. 5.9.2008 (RAJIVE BHALLA) GS JUDGE