ISHWAR CHAND JAIN versus HIGH COURT OF PUNJAB AND HARYANA AND ORS.

ISHWAR CHAND JAIN versus HIGH COURT OF PUNJAB AND HARYANA AND ORS.

It is not the date of joining which ought to be taken note of but the date of confirmation, and since the issue has already been dealt with by the Supreme Court directing confirmation w.e.f. 2-5-1985, no further relief can be granted to the petitioner; seniority is to be fixed from the date of confirmation as per the applicable rules.

Parties
Petitioner: Ishwar Chand Jain; Respondents: High Court of Punjab and Haryana and Ors.
Jurisdiction
India
Judgment Date
10 January 2001
Procedural Posture
Writ Petition (civil) No. 516 of 1992 Under Article 32 of the Constitution of India / Final Judgment
Outcome
Petition dismissed with costs.
Legal Topics
Seniority Fixation, Judicial Service—direct Recruit Vs Promotee, Probation and Confirmation, Judicial Ethics
Service Law Constitutional Law Seniority Fixation Judicial Service—direct Recruit Vs Promotee Probation and Confirmation Judicial Ethics

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Parties

Ishwar Chand Jain

Petitioner

High Court of Punjab and Haryana and Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 516 of 1992 Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether seniority is to be fixed from the date of joining or date of confirmation under the Punjab Superior Judicial Service Rules, 1963.
  2. 2 Whether Rules 10(2) and 12 of the Punjab Superior Judicial Service Rules, 1963 violate Articles 14 and 16 of the Constitution of India.
  3. 3 Whether the petitioner is entitled to confirmation and revised seniority as claimed.

Ratio Decidendi

It is not the date of joining which ought to be taken note of but the date of confirmation, and since the issue has already been dealt with by the Supreme Court directing confirmation w.e.f. 2-5-1985, no further relief can be granted to the petitioner; seniority is to be fixed from the date of confirmation as per the applicable rules.

Court Disposition

Petition dismissed with costs.

Orders

  • Petition dismissed with costs assessed at Rs. 2000 to be paid to the Legal Aid Committee of this Court.