CWP No.1155 of 1988 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CM No.11836 of 2010 and CWP No.1155 of 1988 Date of decision: 19.11.2010 Balbir Singh Dhama -----Petitioner Vs. The Haryana Harijan Kalyan Nigam Limited and others ----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL Present:- Mr. Prem Chand Chaudhary, Advocate for the petitioner. Mr. Vishal Garg, Advocate for the respondents. Adarsh Kumar Goel,J. 1. After hearing learned counsel for the parties, order dated 3.8.2010 dismissing the writ petition in default is recalled. 2. Heard on merits. 3. The writ petition has been filed for quashing of seniority lists Annexures P.4 and P.5 and order dated 1.1.1979, Annexure P.3 to the extent of posting the petitioner to the post of Clerk on the date of his joining. 4. Case of the petitioner is that he was appointed as Salesman on 21.6.1978 in the scale of Rs.160-400 but after few months of his service, order of termination dated 13.11.1978 was passed during the period of probation. However, on his representation, order of termination was cancelled and the petitioner was offered the post of Clerk from the date he joined service in the lower scale of Rs.110-225. Accordingly, seniority of the petitioner was being reckoned from the 1 CWP No.1155 of 1988 date of his joining as Clerk ignoring service earlier rendered for the period from 23.6.1978 to 13.11.1978 for about five months. 5. In the reply filed, stand taken on behalf of the respondents is that order dated 1.1.1979 could not be allowed to be challenged in the year 1988. Under the said order, seniority of the petitioner was to be counted from the date of his joining. Even though, order of termination from service was cancelled, it was expressly provided therein that his appointment will take effect from the date of his joining. In the earlier service, cadre of salesman was different. Use of expression “cancellation of termination” could not be taken in isolation when it was specifically stated that his appointment will now be as Clerk from the date he joined. 6. I have heard learned counsel for the parties and perused the record. 7. The impugned order dated 1.1.1979 is as under:- “The orders issued by this office Endst.No.ESTT- 78/130543 dated 13.11.1978 terminating the services of Shri B.S.Dhana are hereby cancelled. 2. As a result of cancellation of the above mentioned orders and on reconsideration of the matter on receipt of application from Shri B.S.Dhana, he is hereby posted as Clerk on his own request in the scale of Rs.110-225 at the Headquarters office, Chandigarh with effect from the date of his joining the post. He will get the initial pay of Rs.110/- plus allowance as admissible under the rule. The period of his absence from the date of termination of his services to the date of his joining as Clerk will be treated as extra-ordinary leave.” 2 CWP No.1155 of 1988 8. A perusal of above shows that though, order of termination of services has been cancelled, it is clearly mentioned that he will stand posted as Clerk on his own request with effect from the date of his joining. This being the position, seniority in the cadre of Clerk had to be counted from the said date. 9. Learned counsel for the petitioner has referred to Rule 3.4 of the Haryana Harijan Kalyan Nigam Employees Service Bye-laws framed under Article 113 of the Articles of Association of the respondent-Corporation, wherein it is provided that inter se seniority is to be determined from the date of appointment to post carrying the same pay scale. The rule does not advance the claim of the petitioner as seniority has to be counted from the date of his joining the cadre in question. The said rule has clearly to be read alongwith terms of appointment which were duly accepted by the petitioner as far back as in the year 1979. Seniority of the petitioner having already been counted according to the date of his appointment, there is no illegality calling for interference by this Court. 10. Accordingly, this petition is dismissed. November 19, 2010 (Adarsh Kumar Goel) ‘gs’ Judge 3