High Court of Punjab and Haryana, Chandigarh
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H.V.P.N.L. etc. v. Min Bhadhur & Anr - RSA-732-2006  RD-P&H 772 (15 February 2006)
RSA No.732 of 2006
Date of Decision: 17.02.2006
Min Bhadhur and another
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Gaurav Mohunta, Advocate for the appellants JUDGMENT
By filing a suit, the respondents laid challenge to the seniority list. It was their claim that their seniority be fixed by taking note of date of appointment and not date of confirmation. Their suit was decreed.
Appellants failed in appeal.
Both the Courts below, by placing reliance upon judgment of Hon'ble Supreme Court in Direct Recruit Class II Engineering Officers' Association v. State of Maharashtra and others, (1990) 2 Supreme Court cases 715, observed that the seniority has to be reckoned from the date of appointment and not from the date of confirmation on the post. As the seniority list Ex.D4 did not conform to the ratio of the Supreme Court judgment, referred to above, the same was set aside. It has also been held that before finalisation of seniority list, no notice was sent to the respondents and further that objections filed by them were not even decided.
This Court feels that the opinion arrived at by the Courts below is perfectly justified. No case is made out for interference in pure findings of fact as counsel has failed to raise any substantial question of law at the time of arguments.
February 17, 2006 ( Jasbir Singh )
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