In the High Court of Punjab and Haryana, Chandigarh C.W.P. No. 7487 of 1994 Date of Decision: April 21, 2009 Sital Singh and others …Petitioners Versus State of Punjab and others …Respondents CORAM: HON’BLE MR. JUSTICE M.M. KUMAR Present: Mr. R.K. Chopra, Senior Advocate, with Ms. Deepasha, Advocate, for the petitioners. Ms. Sudeepti Sharma, DAG, Punjab, for respondent Nos. 1 and 2. Mr. Sunil Chadha, Advocate, for respondent Nos. 3 to 10. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The petitioners have approached this Court with a prayer for issuance of direction to the official respondents to fix their seniority as Sanitary Inspector keeping in view their length of service as Family Planning Field Worker, with all consequential benefits. C.W.P. No. 7487 of 1994 2. The petitioners were originally appointed as Family Planning Field Workers, which was a common cadre with the cadre of Sanitary Inspectors. The seniority of both the cadres used to be joint and their pay scales were also same. In the year 1973, the cadres were bifurcated and separate seniority lists were prepared. However, for those Family Planning Field Workers who had acquired training certificate as Sanitary Inspector, provision was made to the effect that they would be adjusted in the cadre of Sanitary Inspector as and when a post in that cadre become available. The aforesaid position emerges from the second para of letter dated 25.2.1974 (P-1) circulating a provisional seniority list of Sanitary Inspectors etc. The aforesaid para is material for deciding the controversy raised in the instant petition and it reads thus:- “ The Punjab Health Department has now adopted a policy that all those trained Sanitary Inspectors who are at present working as Family Planning Field Workers, their seniority shall be shown in the seniority list of Sanitary Inspectors and they shall be adjusted against the vacant post of Sanitary Inspectors on the basis of seniority. Their seniority as Sanitary Inspectors, when they are appointed as Sanitary Inspector, will be counted from the date of their appointment as Family Planning Field Workers and not from the date of their appointment as S.I. Thus, their seniority as Sanitary Inspector may be shown on the basis of their original appointment.” 2 C.W.P. No. 7487 of 1994 3. However, it appears that the petitioners were adjusted as Sanitary Inspectors w.e.f. various dates during the years 1970, 1973, 1975, 1976, 1978 and 1979 (P-2). The seniority list of Sanitary Inspectors showing the petitioners alongwith their dates of adjustment was circulated on 18.8.1975 and reference was made to the letter dated 25.2.1974. It was pointed out that the vacant posts of Sanitary Inspectors were to be filled up from the Family Planning Field Workers duly qualified having passed the Examination of Sanitary Inspector. It was further pointed out that as and when vacancy of Sanitary Inspector was to arise, the Family Planning Field Workers, who have training to their credit as Sanitary Inspector, were to be adjusted and were also to be granted the seniority keeping in view the dates on which their names were recommended (P-3). Accordingly, all the Family Planning Field Workers, who were trained Sanitary Inspectors, were adjusted as and when post of Sanitary Inspector became available. However, the dispute is as to whether on adjustment they were to be granted the benefit of whole length of service on the post of Sanitary Inspector by including the service rendered by them on the post of Family Planning Field Workers for the purpose of fixation of their seniority in the cadre of Sanitary Inspector. 4. The assertion of the petitioners is that their total length of service for the purpose of fixation of seniority in the cadre of Sanitary Inspector deserved to be counted. In para 8 of the written statement respondent Nos. 1 and 2 have categorically denied the 3 C.W.P. No. 7487 of 1994 aforesaid fact. The seniority list had merely mentioned the date of their entry into service and it is claimed that persons at Sr. Nos. 1 to 38 were duly appointed as Sanitary Inspectors by direct recruitment in accordance with the Punjab Public Health Department Subordinate Posts (Recruitment and Conditions of Service) Rules, 1940, whereas the petitioners were merely adjusted as Sanitary Inspectors and no parity could be claimed by them with the aforementioned 38 persons. However, it has been admitted that the petitioners have been adjusted as Sanitary Inspectors but they are not entitled for fixation of their seniority in the cadre of Sanitary Inspector by counting the service rendered by them as Family Planning Field Workers. A proposal to that effect was mooted which has been rejected by the State Government vide letter dated 22.9.1986 (R-2). It has observed that the post of Sanitary Inspector carries higher pay scale than that of Family Planning Field Workers. Besides the qualification of the post of Sanitary Inspector was also higher than the other post. The respondent State has claimed that the post of Sanitary Inspector could be filled through direct recruitment only and the same could not be filled up from amongst the Family Planning Field Workers merely because they possessed the prescribed qualification. The Finance Department took the stand that the posts of Sanitary Inspector have been filled by the office of the Director-respondent No. 2 illegally by adjusting the Family Planning Field Workers as Sanitary Inspectors. Accordingly, they refused to accord approval. 4 C.W.P. No. 7487 of 1994 5. The Sanitary Inspectors were re-designated as Multipurpose Supervisors (Male) by the 3rd Pay Commission (P-5) and their pay scale were also revised. The petitioners have claimed that they should be granted selection grade of Rs. 1640-2925 in the regular pay scale of Rs. 1410-2460 after fixing their seniority by adding the whole service rendered by them as Family Planning Field Worker. 6. In their separate written statement filed by private respondent Nos. 3 to 10, broadly the similar stand has been taken. It has also been claimed that the qualifications for appointment on the post of Family Planning Field Worker were Matric, Certificate Course of Sanitary Inspector and training from Punjab Government or any other institution recognised by the Punjab Government. It is also undisputed that the petitioners were adjusted vide order dated 10.4.1978 (R-3/4) as Sanitary Inspectors. 7. After hearing learned counsel for the parties at some length and perusing the paper book with their able assistance, I am of the view that when the bifurcation of cadres of Family Planning Field Workers and Sanitary Inspectors has been accepted by the petitioners then there cannot be any grouse made by them that they were entitled to be treated as Sanitary Inspector with effect from the date of their appointment as Family Planning Field Worker. 8. It is conceded position that the pay scales of both the posts are different. An attempt has been made by the petitioners to become senior to those who have been appointed by direct 5 C.W.P. No. 7487 of 1994 recruitment on the post of Sanitary Inspector so as to gain priority and preference for the grant of selection grade. It is appropriate to mention that the regular pay scale of the post of Sanitary Inspector as per the notification, issued on the basis of the recommendations of the 3rd Pay Commission, is Rs. 1410-2460 whereas selection grade of Rs. 1640-2925 is to be granted to 50% senior most Sanitary Inspectors who were re-designated as Multipurpose Supervisors (Male). 9. It is further undisputed that bifurcation of cadres and the seniority lists of both the posts and adjustment were finalised on 24.12.1974 (R-3/5). Thereafter the petitioners were also adjusted as Sanitary Inspector with effect from the dates when the post of Sanitary Inspector kept on becoming available. They have been allocated the date of adjustment in the years 1970, 1973, 1975, 1976, 1978 and 1979. The aforesaid factual position was never disputed. However, the dispute has been raised at the stage when the question of grant of selection grade to the first 50% of the post of Sanitary Inspector had arisen on the basis of the recommendations made by the 3rd Pay Commission, as is evident from notification dated 21.8.1990 (P-5). 10. Firstly after such a long time no challenge could be raised to the date of adjustment nor the issue of seniority could be re- opened. A 5-Judge Constitution Bench of Hon’ble the Supreme Court in the case of Rabindranath Bose v. Union of India, (1970) 1 SCC 84, has held that un-explained delay in challenging a seniority list would be fatal. In the present case, seniority lists on the basis of 6 C.W.P. No. 7487 of 1994 bifurcation of the cadres were prepared in the year 1974 (R-3/5) and the instant petition has been filed after about 20 years, which itself would be sufficient to decline the claim made by the petitioners. The petitioners have been adjusted as Sanitary Inspectors from various dates during the years 1970, 1973, 1975, 1976, 1978 and 1979 and even that claim stood settled and it cannot now be claimed that instead of adjusting them as Sanitary Inspector with effect from various dates during the years 1970, 1973, 1975, 1976, 1978 and 1979, their dates should be ante-dated by giving them seniority in the cadre of Sanitary Inspector with effect from the date they joined the cadre of Family Planning Field Worker. It is, thus, obvious that the aforesaid claim has been made only to gain financial benefit of selection grade so that they may steal march over other Sanitary Inspectors and may stake their claim to the selection grade after becoming senior most. Moreover, if such a relief is granted to the petitioners then the bifurcation of cadre and preparation of separate seniority lists would be completely nullified, which is an impossible proposition to accept. Such a prayer is wholly without merit and, thus, liable to be rejected. 11. It is, however, pertinent to mention that the respondent State cannot deny them adjustment as Sanitary Inspectors with effect from various dates during the years 1970, 1973, 1975, 1976, 1978 and 1979 (P-2) by taking the stand that they could have been appointed as Sanitary Inspectors only by direct recruitment. The respondents cannot now go back from their own act of granting them adjustment 7 C.W.P. No. 7487 of 1994 from various dates as per Annexure P-2. During the course of hearing the Court has been apprised that almost all the petitioners have retired and they shall continue to enjoy the benefits on the basis of their dates of adjustment as Sanitary Inspector. 12. It may also be mentioned that in a connected petition, namely, C.W.P. No. 10511 of 1989, which has also been disposed of today, I have issued direction for grant of adjustment as Sanitary Inspector to the petitioners in that case with effect from the date persons junior to them have been granted. The admission order in the present petition shows that this petition was required to be heard with C.W.P. No. 10511 of 1989, which has also been decided today although issue in that petition is quite different. 13. As a sequel to the above discussion, the writ petition is disposed of with a direction to the official respondents to continue with the benefit granted to the petitioners by adjusting them as Sanitary Inspector with effect from the dates shown in Annexure P-2. However, the claim of the petitioners for counting of their service as Family Planning Field Worker for the purpose of seniority is without any merit and is hereby rejected. 14. The writ petition stands disposed of in the above terms. (M.M. KUMAR) April 21, 2009 JUDGE Pkapoor 8