IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Kulwant Kaur …..Petitioner Versus State of Punjab and another ....Respondents CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR Argued by : Mr. Ashwani Kumar Chopra, Senior Advocate assisted by Ms. Gurpreet Kaur Bhatti, Advocate for the petitioner.

Mr. Surya Kumar, A.A.G., Punjab.

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NAMIT KUMAR, J.

1. The petitioner has filed the instant writ petition under Articles 226 & 227 of the Constitution of India, seeking a writ of certiorari for quashing the order dated 18.05.2000 (Annexure P-18), whereby pay of the petitioner was refixed and recovery was ordered to be effected from her. Further, seeking a writ of mandamus, directing the respondents not to withdraw the benefits which have already been availed by the petitioner and to fix the seniority of the petitioner from the date of her joining as Clerk in accordance with the rules.

2. The brief facts, as have been pleaded in the present petition, are that the petitioner, upon selection by the Punjab Subordinate Services Selection Board, was appointed as a Clerk, vide letter dated 02.09.1983 (Annexure P-1) and she joined in the office of Chief Engineer, Public Works Department (B&R) Headquarter, Patiala on 08.09.1983. Thereafter, the petitioner got married at Sirhind, where her in-laws were permanently settled and after she was blessed with a child, she submitted a representation dated 25.03.1987 (Annexure P-2) to respondent No.2-Chief Engineer (NH) Punjab, PWD (B&R), Patiala, requesting to transfer her from the Head Office, Patiala to the National Highway (4LP) Circle, Chandigarh with a posting at Sirhind. The said request was accepted by the respondents and accordingly, the petitioner was transferred from the Head Office, Patiala to the National Highway Circle, Chandigarh, vide order dated 15.04.1987 (Annexure P-3), with the condition that her seniority in the National Highway Circle, Chandigarh would be determined from the date of her joining therein and that she would have no lien in the Head Office, Patiala. It has further been stated that on the transfer of the petitioner, her pay was duly protected. Thereafter, on 15.03.1988, the petitioner again submitted representation (Annexure P-5) to respondent No.2, for her transfer to the Head Office, Patiala in view of her changed family circumstances. In furtherance thereof, the Superintending Engineer, National Highway Circle, Chandigarh addressed a letter dated 24.04.1990 (Annexure P-6) to respondent No.2 recommending that the petitioner be transferred back to the Head Office, Patiala. The Superintending Engineer, National Highway Circle, Chandigarh again sent a letter dated 10.05.1990 (Annexure P-7) to respondent No.2 requesting that orders for transfer of the petitioner and two other Clerks may be issued at the earliest. Finally, the request of the petitioner was accepted and she was transferred back to the Head Office, Patiala, vide order dated 29.05.1990 (Annexure P-9) subject to the condition that her seniority would be placed at the bottom of the seniority list of Clerks at the Head Office, Patiala, however, her pay was ordered to be protected. Persuant thereto, the petitioner joined back at Head Office, Patiala on 31.05.1990 (Annexure P-11). Thereafter, the basic pay of the petitioner was fixed in the pay scale of Rs.1200- 2100/- w.e.f. 01.09.1988 which become admissible on completion of five years of service and further fixed at Rs.1230/- w.e.f. 01.09.1989, vide order dated May, 1991. Thereafter, the Superintending Engineer, National Highway Circle, Chandigarh circulated a seniority list of Clerks of the National Highway Circle, Chandigarh, however, the name of the petitioner did not mention therein. Aggrieved by, the petitioner submitted a representation through respondent No.2. While forwarding the said representation, respondent No.2 addressed to the Superintending Engineer, National Highway Circle, Chandigarh that since the name of the petitioner had not been reflected in the sen