IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 2675 of 1991 Date of Decision: 20.1.2010. Tilak Raj Oberoi --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- None for the petitioner. Mr. R.K.S. Brar, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) This petition has been filed by the petitioner claiming seniority over and above the private respondents. The petitioner was appointed as Clerk in the undivided State of Punjab on 7.1.1958 on regular basis. He was confirmed on completion of probation period w.e.f. 3.9.1966 and later promoted as Head Clerk vide order dated 12.5.1967 (Annexure P-1). The petitioner was thereafter transferred to head office on 22.9.1967. It is stated that at the relevant time the post of Head Clerk and Assistant were at par. The petitioner was deputed to the office of Milk Commissioner, Haryana, where he remained on deputation w.e.f. 9.5.1968 to 17.12.1969. He was repatriated to the Directorate w.e.f. 19.12.1969. Respondent no.2-Director, Animal Husbandry, Haryana fixed the seniority of the petitioner as Assistant vide order dated 30.6.1970 w.e.f. 19.12.1969, the date when the petitioner re-joined on repatriation. The grievance of the petitioner is that he is entitled to seniority w.e.f. 12.5.1969 the date when he was promoted as Head Clerk/Assistant. The petitioner made a representation, which has been rejected vide the impugned order dated 13.4.1971. It is this order which is CWP. No. 2675 of 1991 -2- under challenge in the present petition. Vide the impugned order the petitioner has been denied seniority from the date of his appointment as Head Clerk only on the ground that the post of Assistant in the office of Director, Animal Husbandry involves higher responsibilities in comparison to the post of Head Clerk in the field. It is further stated that when the petitioner was posted as Head Clerk in the office of Deputy Director, Animal Husbandry, he was adjusted against the post of Assistant on his repatriation on account of abolition of office of Deputy Director, Ambala Division. It is stated that seniority list of head office and the sub office are separately maintained. No rule or Govt. policy has been placed on record to indicate that separate seniority of the same cadre are maintained at the head quarter or in the field office particularly when it is the same cadre and posts are inter transferable. It is admitted position that petitioner was also in the filed posting. He cannot be denied seniority from the date of his appointment/promotion as Head Clerk. This petition is accordingly allowed. Respondents are directed to give seniority to the petitioner from the date of his appointment/promotion as Head Clerk w.e.f. 12.5.1969 with all consequential benefits, if any. (PERMOD KOHLI) JUDGE 20.1.2010. lucky