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Judgment
It appears to us that a three-Judge bench of this court in Ajit Singh Januja v. State of Punjab after extensively referring to the decision of this court in R.K. Sabharwal case and also in Virpal Singh case in paragraph 16 of the decision, has held to the following effect:
"16. We respectfully concur with the view in Union of India v. Vlrpal Singh Chauhan, that seniority between the reserved category candidates and general candidates in the promoted category shall continue to be governed by their panel position i.e. with reference to their inter se seniority in the lower grade."
It however appears that in the ultimate order passed in the said case, this court allowed retrospective operation of the above principle of seniority in the matter of promotion although in Vlrpal case only prospective operation was indicated. It also appears that later on, persons who were affected on account of giving such retrospective operation to the principle of seniority, made an application for clarification of the said order in Januja case but such application was dismissed without making any observation on the question of prospectivity or retrospectivity. Since the correctness of the ultimate decision in Januja case has been raised and a large number of persons are likely to be affected if retrospective operation is given on the basis of the ultimate order made in Januja case we feel that it would be only proper if these matters are considered by a three-Judge bench. The contempt petition may also be placed with these matters.
List all the matters before a three-Judge bench.