SUMANT KUMAR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner is working as Accounts Clerk in the Municipal Council, Hisar, with effect from 4.6.1992. The Government of Haryana circulated a letter to all the departments, Boards, Corporations to the effect that the candidates who are seeking promotion/appointment as Sec. Officers, they may appear in the State Accounts Service Examination which is to be held on the specified date. The Government of Haryana had given indulgence to all Boards and Corporations by relaxing Rule 5 of the Haryana State Subordinate Accounts (Group-C) Service Rules, 1982 (hereinafter referred to as the "1982 Rules"). The petitioner applied through proper channel and he was allowed to appear in the said Accounts Service Part-I Examination held in Nov., 1996. Subsequently, the petitioner also appeared in the said Account Service Part-II Examination and the petitioner was declared pass in both the examination.

(2.) There were 110 posts of Sec. Officers but only 78 candidates qualified the SAS Part-I and Part-II examination and out of 78 qualified candidates only 72 had been given the promotion order meaning thereby that there are still more candidates available to be appointed against the posts which were left vacant. However, as a temporary measure, the Government had even promoted those candidates who had passed only part-l examination but the said promotion had been made in their own pay scale with the object of coping up with the work and also keeping in view the nonavailability of the qualified candidates. It goes without saying that the petitioner having qualified Part-I and Part-II examination, is eligible to be appointed as Sec. Officer.

(3.) The Government of Haryana took up the plea that the employees of Municipal Committees/Councils cannot be termed as employees of Government of Haryana, and therefore, the petitioner is not entitled to be promoted/appointed on the post of Sec. Officer. Petitioner being aggrieved on account of this act of the Government has filed the present petition. Notice of motion was issued and the written statement has been filed by Government of Haryana.