Punjab-Haryana High Court
Date Of Decision : 17.2.2014 vs State Of Punjab on 17 February, 2014
Author: Rajesh Bindal
Bench: Rajesh Bindal
Singh Varinder
2014.03.10 10:19
Civil Writ Petition No. 18937 of 2012 {1} I attest to the accuracy and integrity
of this document
Punjab & Haryana High Court at
Chandigarh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 18937 of 2012 (O&M)
Date of decision : 17.2.2014
Mrs. Raminder Kaur Buttar .. Petitioner
versus
State of Punjab .. Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Gurminder Singh, Senior Advocate with
Mr. Yagyadeep, Advocate, for the petitioner.
Mrs. Monica Chhibber Sharma, Dy. Advocate General, Punjab.
Rajesh Bindal, J.
The order dated 16.7.2012 (Annexure P-18) passed by the Financial Commissioner-cum- Principal Secretary to Government of Punjab, Department of Rural Development & Panchayats, is impugned in the present writ petition, whereby the seniority of the petitioner has been disturbed in the cadre of Deputy Director in the Department of Rural Development and Panchayats.
Learned counsel for the petitioner submitted that one Smt. Karnail Kaur, was promoted as Lady Circle Supervisor on temporary basis against a post meant for direct recruitment till such time the candidate was recommended by the Punjab Public Service Commission. It was specifically mentioned in the order dated 25.5.1987 that she will not claim any benefit except the salary. As the petitioner was selected and appointed on that post on 8.9.1989, accordingly she was reverted back. Hence, the petitioner was to rank senior to Smt. Karnail Kaur. She continued to work as Lady Circle Supervisor. The meeting of the Departmental Promotion Committee for promotion to the post of Deputy Director in the Department of Rural Development and Panchayats was held on 17.4.1997 and the petitioner was effectively promoted on 23.5.2002. Smt. Karnail Kaur retired on 30.9.2000. Vide impugned order dated 16.7.2012 (Annexure P-18), mentioning that the petitioner as well as some other affective persons having been afforded Singh Varinder 2014.03.10 10:19 Civil Writ Petition No. 18937 of 2012 {2} I attest to the accuracy and integrity of this document Punjab & Haryana High Court at Chandigarh personal hearing way back on 25.4.2000 by the then Financial Commissioner, Department of Rural Development and Panchayats, the seniority of the Deputy Director has been disturbed which was settled way back in the year 1997.
The submission is that once no order was passed by the officer, who had heard the parties at that time, there was no question of any order being passed after 12 years thereafter. The subsequent order could not be passed as there was no occasion because Karnail Kaur had already retired on 30.9.2000. The officer who has passed the order, had not afforded any opportunity of hearing to the petitioner or other affected candidates.
Learned counsel for the State does not dispute the fact that impugned order has been passed on the basis of personal hearing afforded to the parties on 25.4.2000 by the then Financial Commissioner, Department of Rural Development and Panchayats and no opportunity was afforded by the officer who had passed the impugned order.
After hearing learned counsel for the parties and considering the submissions made above, in my opinion, the impugned order can not stand in judicial scrutiny only on the ground that the officer who passed the impugned order did not afford any opportunity of hearing to the candidates who may be affected by the seniority. The order passed by the present incumbent on 16.7.2012, on the basis of personal hearing afforded by the then Financial Commissioner, Department of Rural Development and Panchayats, on 25.4.2000, cannot be justified being violative of principles of natural justice. Accordingly, the same is set aside. In case fresh order is proposed to be passed pertaining to the seniority of the employees in their cadre, the same can be passed after affording effective opportunity to the concerned affected employees.
The petition stands disposed of.
17.2.2014 (Rajesh Bindal) vs Judge