Jatinder Kaur vs. The State Of Punjab Department Of Home Principal Secretary

COURT NO.4

ITEM NO.1502

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Civil Appeal No(s). 5518-5523/2017

HON'BLE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

VERSUS

STATE OF PUNJAB & ORS.

([HEARD BY : HON. A.K. SIKRI AND HON. ASHOK BHUSHAN, JJ.])

WITH

C.A. No. $5513/2017$ (IV)

C.A. No. 5525/2017 (IV)

C.A. No. 5509/2017 (IV)

C.A. No. $5510/2017$ (IV)

C.A. No. $5515-5517/2017$ (IV)

C.A. No. 5528-5529/2017 (IV)

SLP(C) No. $16772/2017$ (IV-B)

Diary No(s). $32341/2017$ (IV-B)

Date : 03-10-2018 These appeals were called on for pronouncement of judgment today.

For Appellant(s) Mr. E. C. Agrawala, AOR Mr. Ashok Mathur, AOR Mr. Tarjit Singh, Adv. Mr. Suhaas Ratna Joshi, AOR Mr. Harikesh Singh, Adv. Mr. Ashok K. Mahajan, AOR Mr. Surjit Singh S., Adv. Mr. Dinesh Verma, Adv. Mr. Subhasish B., Adv.

SECTION IV

Respondent(s)

Appellant(s) $A$

Mr. Rajat Sharma, Adv. Mr. S. L. Aneja, AOR Mr. Subhasish Bhowmick, AOR For Respondent(s) Mr. P.S. Patwalia, Sr. Adv. Mr. T. V. S. Raghavendra Sreyas, AOR Ms. Gayatri Gulati, Adv. Ms. Sneh Dhillon, Adv. Mr. Ashok Mathur, AOR Mr. Ajay Kumar Singh, AOR Ms. Uttara Babbar, AOR Mr. Karan Bharihoke, AOR Ms. N. Bolay, Adv. Ms. Aditi Gupta, AOR Mr. Shankar Divate, AOR Mr. Jagjit Singh Chhabra, AOR

Hon'ble Mr. Justice Ashok Bhushan pronounced the judgment of the Bench comprising Hon'ble Mr. Justice A.K. Sikri and His Lordship and held as under:

"73. In view of foregoing conclusions all appeals are allowed in following manner: -

Delay condoned.

Leave granted.

1) The Division Bench judgment of the High Court so far as it holds that roster is applicable in the determination of seniority of members of superior judicial service is upheld.

2) The judgment of the Division bench of the High Court holding that fifteen promotees under Rule 7(3)(a) were beyond

2

the quota and shall take position at the bottom of the seniority list is set aside.

3) The seniority list dated 24.12.2014 is set aside. The list of 35 officers arranged as per Roster as indicated above shall be treated as final Seniority list of the officers recruited in the year 2008.

74. The parties shall bear their own cost."

Pending application(s), if any, stands disposed of accordingly.

(Ashwani Thakur) ( Rajinder Kaur) COURT MASTER COURT MASTER (Signed reportable judgment is placed on the file)