BISHAN CHAND & ORS. versus SARABJIT SINGH & ORS,

BISHAN CHAND & ORS. versus SARABJIT SINGH & ORS,

The requirement that seniority among Inspectors should be based on passing departmental examinations, applied to the integrated service after the merger, with the Central Government’s approval under section 115(7) of the States Reorganisation Act deemed accorded by the Memorandum dated 11 May, 1957; therefore, the appellants were rightly treated as juniors to the respondents as they passed the exam later.

Parties
Appellant: Bishan Chand & Ors.; Respondent: Sarabjit Singh & Ors.
Jurisdiction
India
Judgment Date
27 August 1974
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment Dated 8 September, 1971 of the Punjab & Haryana High Court in L.p.a. No. 689 of 1970
Outcome
Appeal dismissed
Legal Topics
Seniority Rules, Departmental Examinations, State Reorganisation, Variation of Service Conditions
Service Law Constitutional Law Seniority Rules Departmental Examinations State Reorganisation Variation of Service Conditions

Case Brief

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Parties

Bishan Chand & Ors.

Appellant

Sarabjit Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment Dated 8 September, 1971 of the Punjab & Haryana High Court in L.p.a. No. 689 of 1970

Legal Issues

  1. 1 Whether the appellants were wrongly shown as junior to the respondents in the integrated seniority list after the merger of Pepsu with Punjab.
  2. 2 Whether the variation in conditions of service (seniority based on departmental exam) required previous approval of the Central Government under section 115(7) of the States Reorganisation Act.

Ratio Decidendi

The requirement that seniority among Inspectors should be based on passing departmental examinations, applied to the integrated service after the merger, with the Central Government’s approval under section 115(7) of the States Reorganisation Act deemed accorded by the Memorandum dated 11 May, 1957; therefore, the appellants were rightly treated as juniors to the respondents as they passed the exam later.

Court Disposition

Appeal dismissed

Orders

  • Each party will bear their own costs in this appeal.