Punjab-Haryana High Court
Baljit Singh & Others vs Director Agriculture Punjab & ... on 3 August, 2023
Neutral Citation No:=2023:PHHC:100666
{2023:PHHC:100666}
313
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-11768-1993 (O&M)
Date of Decision:03.08.2023
BALJIT SINGH AND ANOTHER ........Petitioners
(Through LRs)
V/s.
THE DIRECTOR, AGRICULTURE, PUNJAB, CHANDIGARH AND
ANOTHER
........Respondents
CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Present: Mr. R.D. Bawa, Advocate, and
Mr. Dipanshu Kapur, Advocate,
for the petitioners.
Mr. Vishnav Gandhi, DAG, Punjab.
***
SANJEEV PRAKASH SHARMA, J. (Oral)
1. The petitioners have preferred this Writ Petition for issuance of
a writ in the nature of mandamus directing the respondents to consider them
for promotion to the post of Agricultural Sub Inspectors from the date their
juniors have been promoted to the post of Agricultural Sub Inspectors.
2. This Writ Petition is pending since 1993.
3. Learned counsel for the petitioners, at this stage, upon the
observations of this Court, prays to implead the persons, who have been
promoted as parties in this Writ Petition. Although, they were not impleaded
uptill date, this Court does not deem it appropriate, at this point of time,
granting indulgence to the learned counsel for the petitioners.
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4. Since no reply has been filed by the respondents in this Writ
Petition, the case is, therefore, heard ex parte without the reply.
5. The petitioners in the present Writ Petition states that they were
were placed at Sr. No.48 and 57 respectively in the District Level of seniority
list of Beldars as published vide endorsement No.20250-70 dt.04.12.1989. In
the said list, one Parmeshwari Dass was placed at Sr. No.51 and one Kashmir
Singh was placed at Sr. No.58. Parmeshwari Dass was under matric and
Kashmir Singh was 7th Class pass. They both have been promoted but the
petitioners have been left out. It has also been stated in the petition that one
Mohinder Pal Singh, who was illiterate, was also granted promotion.
6. Since none of them was party to this Writ Petition, the
averments made by the petitioners stating allegations of less qualifications or
they being juniors to the petitioners cannot be decided in their absence.
7. Learned counsel for the petitioners further submits that the case
of the petitioners is covered by the judgment dt.24.08.1995 passed by this
Court in the case of "Dilbagh Singh and Others Vs. State of Punjab and
others; CWP-13558-1992.
8. This Court finds that the judgment of Dilbagh Singh and others
(Supra) is on a completely different issue wherein this Court has decided that
the District Level seniority is required to be maintained and not that of the
State Level seniority of Beldars, since promotions made were originally on
the basis of District Level seniority, no interference of this Court is warranted
at this Stage.
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CWP-11768-1993 (O&M)
9. In view of the judgment passed in the case of Prabodh Verma
And Others vs State Of Uttar Pradesh; 1984 (4)SCC 251, if necessary parties
have not been impleaded to the Writ Petition, the same deserves to be
dismissed.
10. Accordingly this Writ Petition is dismissed.
August 3, 2023 [ SANJEEV PRAKASH SHARMA]
Ess Kay JUDGE
Whether speaking / reasoned : Yes / No
Whether Reportable : Yes / No
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