H.L. RANDEV AND ORS. versus HIGH COURT OF PUNJAB AND HARYANA AND ORS.

Citation: [1990] SUPP. 2 S.C.R. 527 · Decided: 01-11-1990 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Dismissed

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Judgment (excerpt)

H.L. RANDEV AND ORS. 
v. 
HIGH COURT OF PUNJAB AND HARYANA AND ORS. 
NOVEMBER I, 1990 
[RANGANATH MISHRA, CJ., P.B. SAWANT AND. 
K. RAMASWAMY, JJ.) 
Punjab Superior Judicial Service Rules, 1963: Rules 2(2), 8 and 
12-Fixation of seniority-Promotees and direct recruits-Direct 
recruits appointed to vacancies in their quota-Their seniority to com-
mence from date of appointment-Not on completion of probation. 
The appellants in this case were promotees while respondents 2 to 
12 were direct recruits, both belonging to the Punjab Superior Judicial 
Service. Pursuant to the directions given by this Court in B.S. Yadav's 
C2Se (1981) 1 SCR 1024, the High Court prepared a provisional senio-
rity list and invited objections to the same. Since no objections were 
received, the seniority list was f"malised. 
The appellants filed an application before this Hon'ble Court for 
direction to the High Court to fix the seniority correctly as per the 
decision in B.S. Yadav's case. This Court rejected the application, 
holding that it was wholly misconceived as it purported to challenge the 
seniority list on the ground that there was non-compliance of the direc-
tions of this Court. This Court gave liberty to the appellants to move the 
High Court, and the appellants filed a Writ Petition before the High 
Court challenging the seniority list. The High Court dismissed the same 
in limine. 
Aggrieved, the appellants preferred the present appeal contend-
ing inter alia that the seniority of respondents who were appointed prior 
to the 1976 amendment to the Punjab Superior Service Rules, 1963, 
could have· been determined only from the date of their confirmation; 
A 
B 
c 
D 
E 
F 
that the probation of direct recruits being two years, their seniority 
would count from the date they complete probation and not from their 
G 
dates of appointment; that the benefit of continuous efficiatlon under 
the amended Rules was denied to the appellants, although they were 
also appointed prior to the amendment of the Rules. 
Dismissing the appeal, this Court, 
H 
527 
A 
B 
c 
D 
E 
F 
G 
528 
SUPREME COURT REPORTS 
[ 1990) Supp. 2 S.C.R. 
HELD: 1.1 Under the definition of the "cadre post" as per Rule 2 
of the Punjab Superior Judicial Service Rules, '1963 prior to its amend-
ment in 1976, the temporary posts did not form part of the cadre. They 
became part of the cadre only after the amendment. There was a quota 
of recruitment between the promotees and directed recruits. Admit-
tedly, the appellanis were not appointed in their quota. Hence till the 
amendment of December 31, 1976, the appellants were not members of 
the service and they were also not appointed to the posts according to 
Rules. The appellants b"came members or the service only after their 
appointment in the cadre posts after 31st December, 1976. Hence, their 
seniority under the amended Rules could not have been counted from 
any date anterior to such appointments. As against this, the respon-
dent-direct recruits were appointed in the cadre posts according to their 
quota. Under the amended Rules, therefore, their seniority was rightly 
counted from the date of their appointment: [531G-H; 532A) 
~ 
.. 
. 
1.2 The seniority list prepared by the High Court is also not in 
conflict with the direction ·given by .this Conrt. Both .the appellants and 
respondent-direct recruits were to be coDrmned. with effect from the 
dates on which vacancies became available to them in their respective 
quotas. Although direct recruits completed their probation period 
later, they were from the inception appointed in the vaca8cies which 
were available to them in their quota. [532E~FJ 
. B.S. Yadav and Ors. etc. v • .State of Haryana and Ors. etc., [1981) 
1 SCR 1024, referred t~. 
· 
2.' The argument that even if the se~iority of the appellants is to 
be reckoned from 1st January, 1977, i.e., the date Immediately after 
coming into operation of the amended Rules, some of the. appellants 
would have become senior to the direct recruits who were conf"mned 
much . later, '1s. deceptive, for while it seeks the application or the 
ame"ded Rules to the appellants, it denies their application to the direct 
recruits. if according to amended Rules, the continuous officiation in 
service is to be counted only from the date of appointment in the cadre 
post, then the direct rec~uits having been appointed in the cadre post, 
their seniority will have also to be counted from their date of a)tpoint-
ment. So 

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