IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 11210 of 1988 Date of decision: 19th December, 2008 Shashi Kant Bali … Petitioner Versus Punjab Agro Industrial Corporation and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. A.S. Kalar, Advocate for Mr. Jagdev Singh, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present writ petition has been filed by Shashi Kant Bali praying that he be declared senior to respondent No.2 Gurjeet Singh, Clerk-cum-Cashier. It has been averred in the writ petition that petitioner was appointed as Clerk-cum-Cashier with Punjab Agro Industrial Corporation vide appointment letter (Annexure P-1) on 6th August, 1981 and since then, petitioner is working as Clerk-cum-Cashier. It has been stated that respondent No.2 was working as Clerk-cum-Typist in the respondent No.1 Corporation, prior to 17th September, 1981, when he was appointed as Clerk-cum-Cashier. It is stated that Annexure P-2 was appointment letter issued to Gurjeet Singh, who was earlier working as Clerk-cum-Typist. It was stated therein that he is being appointed as Clerk-cum-Cashier and as per condition No.6, he shall not claim seniority over the existing Clerk-cum- Cashiers. It has been further prayed that the cadre of Clerk-cum-Cashier is separate from the cadre of Clerk-cum-Typist. Grievance of the petitioner is that provisional seniority list of Clerk-cum-Cashiers was issued on 26th December, 1983 and name of the Civil Writ Petition No.11210 of 1988 petitioner has been shown at serial number 18 of the said seniority list. Petitioner has prayed that his date of joining in the Corporation has been shown as 1st September, 1981, whereas respondent No.2 has been shown in the seniority list at serial number 16 and his date of joining has been shown as 8th January, 1981. To cover the delay and laches, it was stated that petitioner had made a representation that his seniority be counted from the date of appointment. It is stated that petitioner was granted an interview for 22nd February, 1988. He again filed representation on 9th March, 1988 (Annexure P-8). Vide Annexure P-9, petitioner was informed that no assurance has been given by the Managing Director as claimed. It is stated that on 23rd September, 1991, a final seniority list (Annexure P-10) was issued. Petitioner states that in view of the seniority list, a selection grade has been awarded to respondent No.2, which is arbitrary and violative of Article 14 and 16 of the Constitution of India. Mr. A.S. Kalar, counsel appearing for the petitioner, thus, has made a submissions before this Court that the petitioner had joined the Corporation on 1st September, 1981. Gurjeet Singh respondent No.2 even though, was appointed earlier as Clerk-cum-Typist, but his appointment as Clerk-cum-Cashier vide Annexure P-2 is dated 17th September, 1981 and therefore, he is to be considered junior to the petitioner, especially when it has been specifically stated in Clause VI of the appointment letter issued to Gurjeet Singh that he shall not claim seniority over the existing Clerk-cum- Cashiers. Notice was issued. Written statement was filed by the respondent Corporation. They have stated that Gurjeet Singh was selected prior to the petitioner on 16th December, 1980, whereas, selection of the petitioner on the post of Clerk-cum-Cashier was finalized on 24th July, 1981 and he was allowed to join on 1st September, 1981. It has further been 2 Civil Writ Petition No.11210 of 1988 stated that on 16th December, 1980, respondent No.2 was selected for the post of Clerk-cum-Cashier but due to certain administrative reasons, he was adjusted to the post of Clerk-cum-Typist. Therefore, stand of the respondent is that selection of respondent No.2 for the post of Clerk-cum- Cashier was prior in time and he had joined the services of the department earlier to the joining of the petitioner, but due to administrative reasons, he was made to work as Clerk-cum-Typist. To controvert this, counsel for the petitioner has stated that in earlier selection, Gurjeet Singh was in waiting list for the selection of Clerk- cum-Cashier, therefore, he was made to work as Clerk-cum-Typist. Admittedly, the selection of Gurjeet Singh was for the post of Clerk-cum-Cashier. He has joined the department earlier to the petitioner in pursuance of selection, which was earlier than the selection of the petitioner. The mere fact that in the earlier selection, he was in the waiting list, will not deprive him of the seniority. The appointment letter issued to Gurjeet Singh that he shall not claim seniority over the existing Clerk-cum-Cashiers is to be read qua the list of selectees, which also included his name. His being placed in the waiting list, is the fact, which has to relate to that selection. Admittedly, petitioner has been selected in a subsequent selection and had joined the Corporation later than Gurjeet Singh. Therefore, I do not find any merit in the present writ petition and the same is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE December 19, 2008 rps 3