IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.229 of 2009 (O&M) Date of decision: 7.9.2009 Shr. Ashwani Nagpal & others. -----Appellants Vs. The Secretary, Ministry of Food & others. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Anand Chhibbar, Advocate for the appellant. Mr. Vikas Chatrath, Advocate for respondent No.4/FCI. ----- ORDER: 1. The appellants are aggrieved by judgment of learned Single Judge, dismissing the writ petition seeking seniority w.e.f. 1.11.1954 instead of 1.9.1960. 2. Sh. J.R. Nagpal (since deceased) represented by legal heirs (hereinafter referred to as ‘the appellant’) was initially working in the Ministry of Rehabilitation. He was later transferred to the Ministry of Food and Agriculture. His seniority in the Ministry of Rehabilitation was not taken into account. Against denial of the said seniority, a writ petition was filed, which was dismissed, but on appeal, vide order dated 18.12.1990 in L.P.A. No.393 of 1983, this Court directed that service rendered in the Ministry of Rehabilitation as Scrutinizer in the equivalent pay scale of Senior Godown Keeper be taken into account. LPA No.229 of 2009 3. Accordingly, in compliance of the said order, order dated 26.12.1991 was passed, refixing the seniority w.e.f. 1.9.1960 at serial No.62-A from serial No.133. In the said order, it was mentioned that his past service as Scrutinizer, which was in the equivalent pay scale of Senior Godown Keeper had to be taken into account which commenced from 1.9.1960. 4. In the second round of litigation, the appellant filed C.W.P. No.17313 of 1996 against order dated 26.12.1991 and claimed that his seniority should have been fixed from 1.11.1954, on which date he was appointed as Junior Accountant, as pay scales of Junior Accountant and Scrutinizer were same. The petition was contested and in para 3 of the reply of respondent Nos.2 to4, it was mentioned that the appellant was appointed as Scrutinizer on 1.9.1960 and his seniority had to be refixed from that date, by giving benefit of service as Scrutinizer for the purpose of cadre of Senior Godown Keeper, in the erstwhile Ministry of Food and Agriculture. 5. Learned Single Judge dismissed the writ petition holding that appointment of the writ petitioner as Scrutinizer was w.e.f. 1.9.1960 and not from 1.11.1954, which was an error in the earlier order. On 1.11.1954, the appellant was appointed as Junior Accountant. 6. We have heard learned counsel for the parties. 7. Learned counsel for the appellants submitted that the seniority of the appellant as Scrutinizer, which was equivalent to 2 LPA No.229 of 2009 the post of Senior Godown Keeper, should be taken from 1.11.1954 and not from 1.19.1960 as the post of Junior Accountant was also equivalent to the post of Scrutinizer. 8. We are unable to accept the submission. No material has been placed on record by the appellant in support of the submission that service as Junior Accountant was to be treated at par with service as Scrutinizer. The stand in the impugned order dated 26.12.1991, Annexure P-7, was that the post of Scrutinizer was equivalent to the pay scale of Senior Godown Keeper and the same was the stand in the reply. The seniority was refixed on the basis of the service book maintained by the Rehabilitation Department. 9. In view of finding recorded by the learned Single Judge that it was from 1.9.1960 that seniority of the appellant was to commence in the cadre of Senior Godown Keeper, which benefit had already been given in compliance of earlier DB judgment, no ground is made out for interference with the view taken by learned Single Judge. 10. Dismissed. (ADARSH KUMAR GOEL) JUDGE September 07, 2009 ( DAYA CHAUDHARY ) ashwani JUDGE 3