CA7605 7610/96 There appeals by special leave are against the Judgment dated 21st December, 1994 of the Division Bench in Letters Patent Appeal arising out of the judgment dated 25.4.1986 of the Single Judge in Civil Writ Petition No.772 of 1984 which was filed in the High Court by B.S Bajwa and B.D. Gupta.
On being released from the Army B.S. Bajwa jointed the PWD BR on 4.5.1971 and B.D. Gupta joined the same department on 12th May, 1972, There position in the gradation list was shown throughout with reference to these dates of joining the department.
B.S. Bajwa and B.D. Gupta have preferred these appeals CA Nos.
7610/96 despite even with this benefit and they claimed an even earlier date of appointment with reference to the date on which they were granted the Short Service Commission on 30th October, 1963.
Leave granted in SLP No 23599 23600/97 CC Nos.
It is obvious that the grievance, if any, of B.S. Bajwa B.D. Gupta to their placement below B.L. Bansal, Nirmal Singh, G.R. Chaudhary, D.P. Bajaj and Jagir Singh should have been from the very inception of their career in the department, i.e. from 1971 72.
It is sufficient to state that throughout their career as Assistant Engineer, Executive Engineer and Superintending Engineer both B.S Bajwa and B.D. Gupta were shown as juniors to B.L. Bansal, Nirmal Singh, GR Chaudhary, P.Bajaj and Jagir Singh.
With CA 761614/96, CA No 8914 15/97 SLP No 23599 23600/97 CC Nos.8677 8678/97 O R D E R Delay companydoned.
The material facts in brief are this.
On the other hand, the grievance of D.P. Bajaj and Jagir Singh filed appeal as to grant of benefit of the date 6.4.1964 to B.S. Bajwa and D. Gupta because it affects their seniority in the cadre and would also adversely affect their prospects inspite of their earlier promotion to the cadre of Executive Engineer and Superintending Engineer.
By the impugned judgment the Letters Patent Appeal is said to have been allowed but in fact it amounts to dismissal of that LPA inasmuch as it granted certain benefits to B.S. Bajwa and B.D. Gupta which has the effect of making B.S. Bajwa and B.D. Gupta senior to the others by giving them a much earlier date of appointment in the department with effect from 6.4.1964 instead of 4.5.71 and 12.5.72.
However, it was only in the year 1984 that B.S Bajwa and B.D. Gupta filed the aforesaid writ petition in the High Court claiming a much earlier date of appointment in the department.
It is significant that the Division Bench in the LAP, while dealing with the question of laches in filing the writ petition, came to the following companyclusion It is number disputed that in the companyfirmation list of P.W.D. BR Branch published from time to time, the writ petitioners were shown junior than the appellants herein.
424/86 being filed by B.L. Bansal, Nirmal Singh, G.R. Chaudhary, D.P. Bajaj and Jagir Singh before a Division Bench of the High Court.
8677 8678 .
Both B.S. Bajwa and B.D. Gupta joined the Army and were granted Short Service Commission on 30th March.
1963 and 30th October, 1963 respectively when they students in the final year of the Engineering Decgree Course.
B.S. Bajwa graduated thereafter in June, 1963 and B.D. Gupta graduated in 1964.
It is also undisputed that L.Bansal, Nirmal Singh, G.R. Chaudhary, D.P. Bajaj and Jagir Singh got their promotions Executive Engineer select grade and promotion as Superintending Engineer prior to B.S. Bajwa and B.D. Gupta.
The grievance made by them was, in substance, with regard to their seniority and placement in the gradation list of the department.
