{"id":142047,"date":"2008-05-06T00:00:00","date_gmt":"2008-05-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/jaswant-singh-lamba-vs-haryana-agricultural-university-on-6-may-2008"},"modified":"2015-12-14T12:24:26","modified_gmt":"2015-12-14T06:54:26","slug":"jaswant-singh-lamba-vs-haryana-agricultural-university-on-6-may-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/jaswant-singh-lamba-vs-haryana-agricultural-university-on-6-may-2008","title":{"rendered":"Jaswant Singh Lamba vs Haryana Agricultural University … on 6 May, 2008"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Jaswant Singh Lamba vs Haryana Agricultural University … on 6 May, 2008<\/div>\n
Author: S Sinha<\/div>\n
Bench: S.B. Sinha, Mukundakam Sharma<\/div>\n
           CASE NO.:\nAppeal (civil)  3323 of 2008\n\nPETITIONER:\nJaswant Singh Lamba\n\nRESPONDENT:\nHaryana Agricultural University & Ors\n\nDATE OF JUDGMENT: 06\/05\/2008\n\nBENCH:\nS.B. Sinha & Mukundakam Sharma\n\nJUDGMENT:\n<\/pre>\n
JUDGMENT<\/p>\n
                                                         REPORTABLE<\/p>\n
                 IN THE SUPREME COURT OF INDIA<\/p>\n
                  CIVIL APPELLATE JURISDCITION<\/p>\n
                 CIVIL APPEAL NO. 3323           OF 2008
\n                 (Arising out of SLP (C) No.11134 of 2006)<\/p>\n
Jaswant Singh Lamba                                    … Appellant<\/p>\n
                                  Versus<\/p>\n
Haryana Agricultural University & Ors.                 … Respondents<\/p>\n
                            JUDGMENT<\/p>\n
S.B. Sinha, J.\n<\/p>\n<\/p>\n
1.    Leave granted.\n<\/p>\n<\/p>\n
2.    Appellant herein is aggrieved by a judgment and order dated<\/p>\n
19.7.2005 passed by the High Court of Punjab and Haryana, dismissing a<\/p>\n
review petition seeking review of the judgment dated on 23.11.1992.
\n                                          2<\/span><\/p>\n
       The review of the said judgment was sought for by the appellant, inter<\/p>\n
alia, on the premise that the decision of the High Court, allowing a writ<\/p>\n
petition filed by respondent Nos.4 and 5 resulted in loss of his seniority.<\/p>\n
Respondent Nos.4 and 5 were appointed as Sectional Officers on an ad hoc<\/p>\n
basis on or about 11.11.1982.             Respondent No.4 was appointed on a<\/p>\n
temporary post on 27.9.1984, whereas the appellant was appointed on<\/p>\n
5.10.1984. Respondent No.5 is said to have been appointed on a temporary<\/p>\n
post by an order dated 7.6.1985. In a seniority list published on 23.12.1987,<\/p>\n
their seniority was shown from the date of their regular appointment. The<\/p>\n
said respondents, however, contended that as they were appointed in terms<\/p>\n
of the recruitment rules against permanent vacancies, they had wrongly been<\/p>\n
appointed on an ad hoc basis on and from 11.11.1982.<\/p>\n
       Their representation that they were entitled to be appointed with<\/p>\n
effect from 11.11.1982 on a regular basis was rejected. They filed a writ<\/p>\n
petition before the High Court of Punjab and Haryana on 2.6.1990, praying,<\/p>\n
inter alia, for the following reliefs :\n<\/p>\n<\/p>\n
              “(a)   a writ in the nature of certiorari may kindly
\n                     be issued in favour of the petitioners and
\n                     against the respondents, quashing the
\n                     impugned Annexure P\/9.\n<\/p><\/blockquote>\n
              (b)    a writ in the nature of mandamus may
\n                     kindly be issued in favour of the petitioners
\n                     and respondents to grant benefit of ad hoc
\n                                    3<\/span><\/p>\n
                   services towards fixation of the seniority of
\n                   the petitioners and to refix their seniority
\n                   after counting their ad hoc service.\n<\/p><\/blockquote>\n
             (c)   a writ in the nature of mandamus may
\n                   kindly be issued in favour of the petitioners
\n                   and against the respondents, directing the
\n                   respondents to fix pay of the petitioners
\n                   after taking into consideration their ad hoc
\n                   service towards grant of increments etc. and
\n                   to release their arrears along with interest @
\n                   Rs.180 per annum.”\n<\/p><\/blockquote>\n
3.    The said writ petition was allowed by the High Court by an order<\/p>\n
dated 23.11.1992 directing that the said respondents shall be deemed to be<\/p>\n
in the service of the respondent on a regular basis from the date of their<\/p>\n
initial appointment, holding :\n<\/p>\n<\/p>\n
             “After considering the entire matter, the
\n             contention of the learned counsel for the
\n             respondents     deserves     to     be     rejected.
\n             Undisputedly, the petitioners were initially
\n             appointed after they had been selected by a
\n             Committee with effect from November 11, 1982
\n             and they had been continuously working as such
\n             without any break till they were appointed on
\n             regular basis.     Though the services of the
\n             petitioner No.1 stood terminated by serving him a
\n             notice dated November 11, 1983, yet he has not
\n             relieved and was allowed to continue on the post
\n             after he gave an undertaking that in case extension
\n             is not granted, he will not claim any salary etc.
\n             Later on, he was granted extension of another six
\n             months by order dated December 2, 1983.\n<\/p><\/blockquote>\n
                                    4<\/span><\/p>\n
             Therefore, there is no break in his service even till
\n             his regular appointment.”\n<\/p><\/blockquote>\n
4.    Allegedly, a seniority list was published on 18.4.1992 wherein the<\/p>\n
appellant was shown as senior to the respondent No.5 being at serial No.16<\/p>\n
and respondent No.5 was shown as junior to him being placed at serial<\/p>\n
No.18. However, another seniority list was published on 20.5.2004 wherein<\/p>\n
they were shown as senior to the appellant. Appellant filed representations<\/p>\n
thereagainst, inter alia, on 29.5.2004 and 24.8.2004.                 The said<\/p>\n
representations were rejected by an order dated 1.1.2005, stating :<\/p>\n
             “It is intimated that your representation for fixing
\n             of seniority as Junior Engineer above Shri A.K.
\n             Agarwal, J.E. has been considered and rejected in
\n             the light of the decision of the Hon’ble Pb. &
\n             Haryana High Court in Civil Writ Petition
\n             No.9879 of 1990 dated 23.11.1992 on the basis of
\n             which Sh. A.K. Aggarwal has been treated to be
\n             joined on regular basis from the date of his joining
\n             on ad hoc basis.\n<\/p><\/blockquote>\n
             This also disposes of your all representations on
\n             the above subject.”\n<\/p><\/blockquote>\n
      The review application was filed thereafter in January 2005.<\/p><\/blockquote>\n
      Respondent No.4 was appointed on temporary post before appellant<\/p>\n
and was also shown senior to appellant in seniority lists dated 23.12.1987
\n                                   5<\/span><\/p>\n
and 18.4.1992.    Thus, the appellant could have grievance only against<\/p>\n
Respondent No.5, if any, who was appointed on temporary post later to the<\/p>\n
appellant and was also shown junior in the abovementioned list.<\/p>\n
5.    Mr. Manu Mridul, learned counsel appearing on behalf of the<\/p>\n
appellant, would submit that the High Court committed a serious error in<\/p>\n
passing the impugned judgment insofar as it failed to take into consideration<\/p>\n
that the appellant being not aware of the result of the petition filed by<\/p>\n
respondent Nos.4 and 5 could not have moved the application for review<\/p>\n
and in that view of the matter the same should have been entertained. There<\/p>\n
having been no time prescribed for filing a review application, it was<\/p>\n
permissible in law for the appellant to file the same immediately after<\/p>\n
coming to know of the order, which has civil consequences.<\/p>\n
6.    Mr. Malhotra, learned counsel appearing on behalf of respondent<\/p>\n
No.4 and Mr. Das, learned counsel appearing on behalf of respondent No.5,<\/p>\n
on the other hand, took us through various documents to contend that the<\/p>\n
appellant had the knowledge about the judgment and order dated<\/p>\n
23.11.1992.\n<\/p>\n<\/p>\n
7.    The principal question which arises for consideration herein is as to<\/p>\n
whether in the peculiar facts and circumstances of this case, the appellant
\n                                    6<\/span><\/p>\n
can be said to have any locus standi to file the application for review of the<\/p>\n
said judgment dated 23.11.1992.\n<\/p>\n<\/p>\n
8.    Respondent Nos.4 and 5 were appointed in 1982. Their services,<\/p>\n
however, were regularized on a later date. The question which arose for<\/p>\n
consideration before the High Court in the said writ application was as to<\/p>\n
whether the respondent-University was right in appointing them on an ad<\/p>\n
hoc basis although they were selected by a Select Committee constituted in<\/p>\n
terms of the rules.\n<\/p>\n<\/p>\n
      No relief therein was claimed as against the appellant. The legality of<\/p>\n
the seniority list dated 18.4.1992 was not in question therein. Appellant<\/p>\n
was, thus, not a necessary party; no relief having been claimed against him.<\/p>\n
Respondent-University was directed to consider their regular appointment<\/p>\n
with effect from 11.11.1982. The seniority list was required to be revised<\/p>\n
keeping in view the aforementioned directions of the High Court. A fresh<\/p>\n
seniority list was prepared pursuant to the said order. Publication of the<\/p>\n
seniority list was merely consequential to the order of the High Court.<\/p>\n
9.    Even otherwise, the order of the High Court appears to be known to<\/p>\n
the appellant herein.\n<\/p>\n
                                     7<\/span><\/p>\n
      By an order dated 13.5.1993, an office order was issued informing all<\/p>\n
concerned including the Chief Engineer that the respondent No 5 would be<\/p>\n
treated to have been appointed on a regular basis w.e.f. 11.11.1982. It is<\/p>\n
difficult to believe that the departments where only 18 Sectional Officers<\/p>\n
were working including Civil and Electrical Engineering Department, the<\/p>\n
appellant would not have the knowledge thereabout.<\/p>\n
      In the seniority list published on 14.5.1993, N.S. Yadav, respondent<\/p>\n
No.4, was shown at serial number 12; A.K. Aggarwal, respondent No.5, was<\/p>\n
shown at serial number 13 and the appellant was shown at serial number 17.<\/p>\n
Therein the date of joining etc. had categorically been stated, from a perusal<\/p>\n
whereof it would be evident that whereas 12.11.1982 was shown to be the<\/p>\n
date of joining of the respondent Nos.4 and 5, so far as the appellant is<\/p>\n
concerned, his date of joining was shown as 3.10.1984.<\/p>\n
10.   Appellant and others filed a representation on 24.5.1993; paragraphs<\/p>\n
2 and 3 whereof reads as under :\n<\/p>\n<\/p>\n
                    “It is further learnt that seniority list of Jr.
\n             Engineers is being disturbed through various
\n             manipulations under the promotion quota. The
\n             Selection Committee has already met and
\n             submitted its recommendations. Under the garb of
\n             these recommendations, the administration is
\n             trying to accommodate out of turn Sh. N.S. Yadav,
\n             who is an AMIE holder and is junior to at least 11
\n             Jr. Engineers. He is being considered for the above
\n                                    8<\/span><\/p>\n
             promotion on the plea that a degree holder is
\n             required. Such an out of turn promotion is
\n             violative, as per statutory provision.\n<\/p><\/blockquote>\n
                    It will not be out of place to mention here
\n             that the Haryana Govt. does not consider AMIE
\n             equivalent to degree (BE) holder for design
\n             purpose as has been clarified in another case of the
\n             employee of the university.           Moreover for
\n             promotion seniority is the only criteria and even
\n             for direct recruitment a person with AMIE is not
\n             eligible. Hence in view of the existing rules, for
\n             the promotion of Sh. N.S. Yadav would amount to
\n             violation of rules and open to legal litigation.”\n<\/p><\/blockquote>\n
11.   The subject matter of the grievances was as to why respondent No.4<\/p>\n
who was placed at serial No.12 should be considered for the promotional<\/p>\n
scale despite he being junior to eleven persons. Evidently, the seniority list<\/p>\n
was known to them. Only grievance raised therein as to whether degree of<\/p>\n
AMIE, held by him should be considered to be equivalent to the BE degree.<\/p>\n
Respondent No. 4, in his counter affidavit, categorically stated that the order<\/p>\n
of the High Court dated 23.11.1992 was brought to the knowledge of<\/p>\n
everybody including the appellants stating :\n<\/p>\n
\n             “The said fact of the respondent Nos.4 and 5<\/span>\n<\/p>\n
             having been accorded seniority over and above the
\n             petitioner was again brought to the knowledge of
\n             the petitioner and other officers when the said
\n             respondents were granted promotional scales vide
\n             order dated 27.01.1996 issued by the respondent
\n             No.1 herein. The said order dated 27.01.1996
\n                                    9<\/span><\/p>\n
             issued by the respondent No.1 is also placed on
\n             record by the respondent No.5 as Annexure R-
\n             5\/13.”\n<\/p><\/blockquote>\n
12.   It is also not in dispute that respondent No.4 was granted the<\/p>\n
promotional scale.\n<\/p>\n<\/p>\n
      Thus, only because a seniority list was again published in the year<\/p>\n
2004 and the appellant filed representations thereagainst, the same by itself<\/p>\n
could not be a ground for unsettling a settled position.<\/p>\n
13.   Even otherwise, the application for review at the instance of the<\/p>\n
appellant was not maintainable. The order dated 23.11.1992 became final<\/p>\n
and binding as against the University. The University accepted the said<\/p>\n
judgment. No appeal was preferred thereagainst. Appellant and others who<\/p>\n
claimed themselves to be seniors to respondent Nos. 4 and 5 could have<\/p>\n
preferred a Letters Patent Appeal before the Division Bench of the High<\/p>\n
Court, but they chose not to do so for a long time.\n<\/p>\n<\/p>\n
14.   Appellant could not be permitted to contend in the review application<\/p>\n
that respondent Nos.4 and 5, in fact, had rightly been appointed on an ad<\/p>\n
hoc basis, as he was not a necessary party in the writ petition filed by the<\/p>\n
said respondents.\n<\/p>\n
                                     10<\/span><\/p>\n
15.    Mr. Mridul has relied upon a decision of this Court in J. Jose<\/p>\n
Dhanapaul v. S. Thomas & Ors.<\/a> [(1996) 3 SCC 587]. We fail to understand<\/p>\n
as to how the said decision is applicable. In that case, without impleading<\/p>\n
Thomas as a party, his appointment was annulled. It was in that context, the<\/p>\n
court opined that he was a necessary party.\n<\/p>\n
       R. Sulochana Devi v. D.M. Sujatha & Ors.<\/a> [(2005) 9 SCC 335]<\/p>\n
whereupon again reliance has been placed was a case where inter se<\/p>\n
seniority was in question. The seniority list was prepared without giving an<\/p>\n
opportunity of hearing to the affected employees. There was no dispute that<\/p>\n
the appellant therein was senior to the first respondent and was entitled to<\/p>\n
hold the pot of Principal of the college. The power of RJD to review was in<\/p>\n
question. Such a question does not arise herein.<\/p>\n
16.    Appellant was also not a proper party in the writ petition filed by<\/p>\n
respondent Nos.4 and 5. Seniority, as is well known, is not a fundamental<\/p>\n
right. It is merely a civil right.\n<\/p>\n<\/p>\n
17.    For the reasons aforementioned, the High Court, in our opinion, was<\/p>\n
right in concluding that the review application was not maintainable. The<\/p>\n
appeal, therefore, is dismissed. There shall be no order as to costs.<\/p>\n
                                              ………………………….J.\n<\/p>\n
              11<\/span><\/p>\n
                   [S.B. Sinha]<\/p>\n
                   …………………………..J.\n<\/p>\n
                   [Mukundakam Sharma]
\nNew Delhi;\n<\/p>\n
May 6, 2008<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Jaswant Singh Lamba vs Haryana Agricultural University … on 6 May, 2008 Author: S Sinha Bench: S.B. Sinha, Mukundakam Sharma CASE NO.: Appeal (civil) 3323 of 2008 PETITIONER: Jaswant Singh Lamba RESPONDENT: Haryana Agricultural University & Ors DATE OF JUDGMENT: 06\/05\/2008 BENCH: S.B. Sinha & Mukundakam Sharma JUDGMENT: JUDGMENT REPORTABLE IN […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-142047","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nJaswant Singh Lamba vs Haryana Agricultural University ... on 6 May, 2008 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/jaswant-singh-lamba-vs-haryana-agricultural-university-on-6-may-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Jaswant Singh Lamba vs Haryana Agricultural University ... on 6 May, 2008 - 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