205 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 05.02.2025 UNION OF INDIA AND OTHERS . . . . Appellants Vs.

GOVIND SINGH BISHT . . . . Respondent ****

CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA ****

Present: Mr. Lalit Attri, Advocate for Mr. Sunil Kumar Sharma, Sr. Panel Counsel for the appellants.

****

SANJEEV PRAKASH SHARMA, J.(Oral)

CM-5389-LPA-2017 Application for condonation of delay of 112 days in filing of appeal is allowed, and accordingly delay is condoned.

Main case

1. This is an appeal preferred against the order dated 24.07.2017 passed by the learned Single Judge, whereby the learned Single Judge allowed the writ petition of the respondent holding that the petitioner’s ranking in Constable (General) be maintained with effect from 14.07.1988, the date on which he entered the service, and the order of his transfer from SHQ Abohar to SHQ to Jammu as a Constable was held to be illegal and arbitrary exercise of power. It was noticed by the learned Single Judge that the respondent/writ petitioner had already been promoted on 03.05.2007 as a General Head Constable Cadre and was absorbed in Auto Electric Wing, whereafter he was permitted to discharge his duties on the post of Head Constable under Auto Electric Wing with effect from 29.06.2009, which was in force. Therefore, there was no occasion to place him in the ranking list dated 04.02.2013 and transferring him from SHQ Abohar to SHQ Jammu against the post of Constable.

2. It was further held that such order would amount to reduction in rank of the respondent who was already promoted as Head Constable. Therefore, directions were issued to maintain petitioner’s ranking and seniority in the cadre of Head Constable Auto Electric Wing with effect from 29.06.2009 onwards, and his service conditions were directed to be set right if anything had been altered as on the date of passing of the order. Cost was also imposed on the department.

3. Aggrieved thereof, the present appeal has been preferred, wherein it is stated that the respondent was appointed as Constable (GD) in BSF on 14.07.1988; was promoted as Head Constable (GD) with effect from 30.05.2007; and was thereafter absorbed in S.M.T.W.K.S.P. workshop as Constable (AE) vide order dated 29.06.2009. It is stated that the respondent was absorbed in SMT workshop as Constable (AE) by considering BSF Motor Transport Workshop (Group C Post Recruitment) Rules, 2006 notified on 21.09.2006, whereby it was directed to obtain option and willingness of GD personnel working in SMT workshop. After the absorption, he was asked to submit an affidavit which he submitted with irrevocable option on 11.04.2011 that he is willing to serve in BSF SMT Cadre and will not claim seniority in the promotion which he got in GD duty stream. Revised seniority list was also published and the headquarters forwarded the name of the respondent and other personnel on 26.11.2010 with the remarks to add the name of the respondent in separate SMT cadre seniority list. The respondent was permanently absorbed in SMT cadre as a Constable and his name falls in Inter Seniority list at No.29.

4. It is stated that in the Central Seniority List of SMT workshop personnel dated 04.02.2013, the name of the respondent was inadvertently mentioned in both the seniority lists as Head Constable (AE) at Sr. No.7 and Constable (AE) at Sr. No.3. He was transferred from SHQ Abohar to SHQ Jammu as CT (AE) instead of HC (AE). A representation against the seniority list was submitted by the respondent Head Constable stating that he has been wrongly shown to be Constable (AE). Writ Petition No.11573 of 2013 was filed by the respondent (herein) before this Court.

5. The appellants have further submitted that the name of the respondent was deleted from the seniority list of Head Constables and was shown in the list of Constables, and now he has been retrospectively promoted to the rank of Head Constable (AE) with effect