IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 05.12.2025 Dr. Chuni Lal ......Petitioner Versus State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present: - Mr. H.K. Aurora, Advocate, for the petitioner.

Mr. Surya Kumar, AAG, Punjab.

Mr. K.S. Dadwal, Advocate, for respondent No.5.

NAMIT KUMAR, J.

1. The present case is a very unique and classic case, where after five years of his retirement, the petitioner has approached this Court claiming seniority over and above respondent No.5, who stood retired on 30.09.2017. Although the claim of seniority becomes infructuous as both, petitioner as well as respondent No.5, have already retired from service much before filing of the present petition, however, learned counsel for the petitioner insisted that the case be decided on merits.

2. The petitioner has approached this Court by filing the instant petition under Article 226 of the Constitution of India, seeking a writ of mandamus for directing the respondents to treat the petitioner as senior to respondent No.5 and to give him all the consequential benefits of promotions, salary, reservation etc., from the date respondent No.5 was given all such benefits.

3. Brief facts, as have been pleaded in the petition, are that the petitioner, who belongs to Scheduled Caste category, was appointed as a Medical Officer on short-term basis for a period of six months and he joined as such on 09.03.1984. Thereafter, in the year 1984, an advertisement was issued by the Punjab Public Service Commission (herein after referred to as ‘the Commission’) for direct recruitment of medical officers. The petitioner applied for the said post and was called for an interview and was duly selected by the selection committee. Pursuant thereto, an appointment letter dated 24.01.1985 (Annexure P-1) was issued in his favour and he joined as such on 07.02.1985. It has further been pleaded that petitioner was posted as Senior Medical Officer, vide office order dated 29.06.2010 (Annexure P-3), and thereafter, he was promoted on the said post, vide order dated 06.08.2012. Furthermore, after attaining the age of superannuation on 31.03.2015, he was given an extension in service for one year and thereafter he retired from the office of Civil Surgeon, Hoshiarpur, as Senior Medical Officer on 31.03.2016.

The father of respondent No.5, Sh. Om Parkash, who was a former MLA, was killed by terrorists during the terrorism days on 02.06.1984. Thereafter, respondent No.5 was appointed as Medical Officer on short-term basis on 19.11.1984 (Annexure P-4) as per instructions dated 05.04.1984. Thereafter, vide order dated 13.08.1988 (Annexure P-6), his services were regularised w.e.f. 14.06.1988. He submitted representation claiming regularisation from 19.11.1984 when he was initially appointed. The said claim was accepted by the respondents vide order dated 17.03.1992 (Annexure P-12) and his services were regularised w.e.f. 19.11.1984. Thereafter, he was promoted as Senior Medical Officer on 07.10.2009, as Civil Surgeon on 21.01.2016 and retired as such on 30.09.2017. It is the case of respondent No.5 that his services were ordered to be regularised w.e.f. 19.11.1984 (Annexure P-12), however, he was not assigned correct seniority in the seniority list dated 30.03.1992, therefore, he filed CWP No.19366 of 2008 claiming the following relief: -

“Civil Writ Petition under Articles 226/227 of the Constitution of India for issuance of appropriate writ, order or direction especially a writ in the nature of mandamus directing the respondents to assign the correct seniority number in the seniority list as per order dated 30^th March 1992 (Annexure P-2), whereby the petitioner was granted regularisation w.e.f. 19.11.1984 and further order the probe against the erring officials who have not affected the change as per the order dated 30^th March, 1992 (Annexure P-2) and to take remedial action.”

The said writ petition was disposed of by a Division