The High Court dismissed the Letters Patent Appeal where appellants failed to prove their inter-se merit via authentic documents against private respondents to claim seniority based on the Staff Selection Board order.
The appeal was dismissed as no merit was found due to lack of authentic evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
LPA No. 55 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
LPA No. 55 of 2011 (O&M) Date of decision 16 .3.2011
Basanti Devi and others
... Appellants
Versus
State of Haryana and others
... Respondents.
CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN
Present: Mr.R.K.Malik, Sr. Advocate with Mr. Sajjan Malik,Advocate for the appellants
M.M.KUMAR, J.
The instant appeal filed under Clause X of the Letters Patent is directed against the judgement dated 11.3.2010 rendered by the learned Single Judge holding that the appellant had failed to show their inter-se merit in the joint selection viz.a.viz. the private respondents to claim that the order of merit determined by the Subordinate Staff Selection Board, Haryana (for brevity 'the Board') should be the guiding factor for maintaining their seniority. On principle, there is no dispute with regard to the proposition that the merit determined by the Board shall be the basis for determining the seniority. However, the appellants have failed to prove by cogent evidence any such thing except the bald pleadings which have been categorically controverted. We find that in the absence of any authentic document supporting averments made in the pleadings of the appellants it is not possible to give a declaration that they were higher in the merit prepared by the Board and thus were entitled to claim inter-se seniority viz-
LPA No. 55 of 2011
2
a-viz the private respondents. Accordingly, we find no merit in the appeal.
Dismissed.
(M.M.Kumar) Judge (T.P.S. Mann) 16.3.2011 Judge okg
1 issue framed by the court
Whether the appellants failed to prove their inter-se merit against private respondents to claim seniority based on the Subordinate Staff Selection Board order.
Basanti Devi and others
State of Haryana and others
M.M. Kumar
T.P.S. Mann
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
