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1977 Supreme(P&H) 52

S.S.SANDHAWALIA, R.N.MITTAL, O.CHHINNAPPA REDDY
Surjit Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. Whether the seniority of lower subordinates in the Punjab Police Force is governed by the date of their appointment only and is not to be finally determined by the date of their confirmation, is the significant question which has necessitated this reference to the Full Bench.

2. The facts in so far as they are relevant to the basic legal issue aforesaid, lie in a narrow compass. The petitioner joined the Punjab Police Force as a Constable on the 7th July, 1964 and was promoted as Head-Constable with effect from the 15th of April, 1967. As against this, respondents Nos. 3 and 4 were promote as Head-Constables after the petitioner, on August 5, 1969 and August 10, 1969, respectively. However, both these respondents were later confirmed as Head-Constables on the 22nd of March 1976. The admitted position is that the petitioner continues to be an unconfirmed Head-Constable so far.

3. The petitioner s primary claim is that despite the fact that he has not been confirmed in the post of a Head-Constable, he nevertheless ranks senior to respondents Nos. 3 and 4 because according to him seniority inter se of all lower subordinates is to be governed by their dat






















































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