STATE OF HARYANA AND ORS.versusBALWANT SINGH AND ORS.
- Citation
- 1996 INSC 566
- Decided
- 22 April 1996
- Disposal
- Appeal(s) allowed
- Bench
- K RAMASWAMY
Holding
Seniority must be calculated from the date of actual joining and discharge of duties, not retrospectively from the selection date.
Summary
The Haryana Subordinate Service Selection Board advertised and selected 45 candidates for Family Welfare Educators in 1971-72, but a writ petition prevented their appointment until 1985-86. After the writ was dismissed, the selected candidates received letters of appointment and joined service between September 1985 and December 1986, with seniority later graded in 1994. The respondents sought seniority to be counted from the selection date of June 7, 1972, arguing that the delay was due to the pending writ. The court held that seniority must be reckoned from the date of actual joining and commencement of duties, not from the date of selection, especially since the respondents did not intervene in the writ proceedings. Consequently, the appeal was allowed, overturning the High Court's decision that had granted seniority from 1972, and no costs were awarded.
Issues considered
- Whether seniority of candidates selected by direct recruitment can be backdated to the date of selection when appointment was delayed due to a pending writ petition.
Subjects
Judgment
A STATE OF HARYANA AND ORS.
v.
BALWANT SINGH AND ORS.
APRIL 22, 1996
B [K. RAMASWAMY AND G.B. PATTANAIK, J.J J
Seniolity--Candidates selected by SC1vice Commission and placed in
C melit list-Could not be appoi11tcd due to pe11dcncy of 1wit petition-Not
in1pleadi11g thcn1selves in the 1i 1it procecdings--Held; Senio1ity to be reckoned
1
from date 011 which appoi11ted-Not jinm the date of selection.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7787 of
1996.
D
From the Judgment and Order dated 14.7.95 of the Punjab &
Haryana High Court in C.W.P. No. 3200 of 1995.
Ms. Shruti Pandey for Ms. Indu Malhotra for the Appellants.
J.P. Dhanda and K.K. Aggarwal for the Respondents.
E
The following Order of the Court was delivered :
Delay condoned.
Leave grant.ed
F
Heard learned counsel on both sides.
This appeal by special leave arises from the order of the Division
Bench of the High Court of Punjab & Haryana made on July 14, 1995 in
writ petition No. 3200/95. The admitted position is that on August 8, 1971
G the Haryana Subordinate Service Selection Board advertised for selection
of the candidates for Family Welfare Extension Educators and Family
Planning Welfare Educators in the Health Department of the State of
Haryana. On June 7, 1972, a list of 45 candidates was prepared on the basis
of merit secured by them in the selection. It would appear ad hoc appoin-
H tees approached the High Court and filed W.P. No. 2122/72 and obtained
630
STATEv. BALWANTSINGH 631
status quo on June 13, 1972. The writ petition came to be disposed of on A
November 20, 1981. Thereafter, the letters of appointment were given to
the selected candidates and the candidates came to be appointed and
joined duties on various dates between September 30, 1985 and December
23, 1986. The gradation of seniority was done in 1994. The seniority of
respondents has been determined with effect from their dates of actual
B
joining in 1985-86. As said earlier, the High Court allowed the writ petition
and declared them to be seniors on par with those who were selected and
whom letters of appointment were offered in 1972.
The question, therefore, is : whether the respondents are entitled to
seniority from 7th June, 1972 as per the gradation list prepared by the
selection Board '! Normally, the seniority of the candidates who are
c
selected by the direct recruitment would be determined with reference lo
the merit list prepared by the Selection Board. But, unfortunately, in this
case, they could not join the service due to the pendency of the writ
petition. The respondents themselves have to be blamed for the !aches
since they did not take any action, namely impleading themselves in the D
pending writ petition nor filed any independent writ petition claiming for
their appointment. After the dismissal of the writ petition, letters of ap-
pointment came to be issued in 1985 and they joined the service. It is
settled law that the seniority of the candidates has to be reckoned fro!Il the
date on which they joined the service and started discharging the duties of E
the post to which they came to be appointed. In that view, since the
respondents joined the service in 1985-86, seniority cannot be given with
retrospective effect from the date of the selection to the candidates ap-
pointed from the list of merit prepared by the Selection Board.
The appeal is accordingly allowed. No costs. F
G.N. Appeal allowed.
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