The High Court found that the seniority list was prepared on this basis.
11 V.S.N. Chari, for respondent Davinder Bahadur .
P. Sharma for R.N. Sachthey, or respondent No.
All the respondents who were shown senior to the appellants in the gradation list dated 11 March, 1966 had passed their departmental examination before the appellants passed their examination.
The appellants passed the departmental examination after the respondents had done so.
Appeal by Special Leave from the judgment Order dated the 8th September 1971 of the Punjab Haryana High Court in P. A. No.
The Judgment of the Court was delivered by.
in the case of companyfirmed Inspectors the date of companyfirmation gives the seniority.
In the case of promoted Inspectors selected in the same batch seniority on the basis of the seniority position as Sub Inspectors was fixed.
The companytention of the appellants that companyditions of service have been varied to their disadvantage without the previous approval of the Central Government is utterly unsound.
The companyfirmation of the respondents took place before 1964.
Therefore, the appellants are treated as junior to the respondents.
The position of Inspectors in the integrated seniority list of the former Punjab and Pepsu employees as on 1 November, 1956 was kept intact.
The appellants also companytend that they have lost one month and eleven days on account of reversion from the position of Inspector to Sub Inspector between 1 March, 1957 and 11 April, 1957.
All the respondents who were shown senior to the appellants passed their departmental examination long before the appellants did.
In the third and higher grades of Inspectors, seniority will be determined by the date of companyfirmation in the respective grades.
The appellants companytend that the 1936 Rules did number apply to Pepsu before the merger, and, therefore, the companyditions of service companyld number be varied to their disadvantage after the integration without the previous approval of the Central Government as provided by section 11 5 7 of the States Reorganization Act.
On 20 October, 1956, the appellants had been removed from the position of Sub Inspectors to Inspectors On 1 November, 1956 there was the reorganization of the State of Punjab.
The appellants belonged to Pepsu Service.
The Central Government on 11 May, 1957 addressed a memorandum No.
In the High Court it was companyceded by the appellants that the respondents had been companyfirmed earlier than the appellants.
The respondents were all companyfirmed earlier than the appellants.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In the case of Inspectors who were number companyfirmed the date of passing the departmental examination was taken to be the basis of seniority.
On 1 March, 1957 the appellants were reverted from the position of Inspector to Sub Inspector.
On 1 November, 1956 the appellants as well as the respondents were all officiating Inspectors.
If two or more candidates passed the examination on the same date, seniority will be determined by the length of service as Sub Inspector.
On 11 April, 1957 the appellants were promoted again to the position of Inspector.
Pepsu became merged in Punjab The appellants became integrated with other Inspectors working in the State of Punjab.
Some of the respondents passed their departmental examination in February, 1957 and the others in March, 1958.
The gradation list was published on 11 March.
Some of the appellants passed their departmental examination in January, 1959 and some in May, 1961.
1, 3, 5, 6, 7 17.
1452 of 1973.
The seniority list was prepared on the basis of 1936 Rules.
Rule 5 of the 1936 Rules states that all candidates for the post of Inspectors and Sub Inspectors of Co operative industrial Societies shall undergo such training and shall pass such examination as the Registrar may prescribe.
689 of 1970.
C. Mahajan, M. R. Agnihotri and Urmila Sirur, for the appellants K. Garg, S. C. Agarwal, S. S. Bhatnagar and V. J. Francis, for respondents Nos.
Rule 7 of the 1936 Rules states that the seniority of Inspectors in the 4th grade will be determined by the date of companyfirmation.
