(1.) The petitioners, 11 in number, were appointed in the Animal Husbandry Department of the State of Haryana between the years 1969 to 1982 on various posts, such as peons, Clerks, Veterinary Surgeon, Veterinary Livestock Development Assistants, on regular basis. Some of them have also been confirmed on their responsive posts. In the year 1985, the petitioners were posted in the Government Progeny Testing Bull Farm, Hissar (hereinafter called the Bull farm) which was run by the Animal Husbandary Department. According to the petitioners, they are not the junior most persons in their respective cadre in the Animal Husbandary Department and there are many persons junior to them.
(2.) Vide order dated 1st February, 1985, the Indian Council of Agricultural Research, New Delhi (in short I.C.A.R.) established a Central Institute for Research on Buffaloes, and the Government Bull Farm, Hissar was taken over by the I.C.A.R. and one of the conditions of taking over the Bull farm, was that the entire staff working in the Bull Farm, Hissar, would be taken over by the I.C.A.R. and the staff shall not be given any deputation allowance what so ever, since the petitioners and some other staff were working at the relevant time with the Bull Farm, they were taken over by the I.C.A.R.
(3.) The grievance of the petitioners is that no options were taken from the petitioners as to whether they would wish to work with the Animal Husbandary Department or would like to be absorbed by the I.C.A.R. In absence of their potions they could not be transferred to an autonomous body as they happened to be regular/permanent employees of the Haryana Government. They had made a representation to the Authorities that without taking their consent they could not be transferred to the Central Institute for Research on Buffaloes, a copy of which has been attached as Annexure P-6. Since their representation was not decided, they filed a writ petition in this Court being C.W.P. No. 15607 of 1989, which was disposed of on December 4, 1989 at the motion stage, by directing the respondents to consider and decided the representation of the petitioners by passing a speaking order in accordance with law a period of three months. The Commissioner and Secretary to Government, Haryana, Animal Husbandary Department, Chandigarh, has rejected the said representation vide order dated 26th April, 1990 (Annexure P-8 to the writ petition). It is mentioned in the order, Annexure P-8 that the letter dated 1st February, 1985 vide which the Bull Farm was taken over by the I.C.A.R. it is mentioned that the staff which is transferred shall be treated on notional deputation till it is absorbed by the I.C.A.R. Moreover such staff would not be entitled to any deputation allowance and till such employees are absorbed they would be governed by the Haryana Government instructions and Service Rules. Further it is mentioned that the Haryana Government will contribute towards General Insurance Scheme of the Class IV employees. According to the Commissioner and Secretary to Government, Haryana, the petitioners stood transferred in their respective posts to the I.C.A.R. with effect from 1st February, 1985 and, therefore, the question of their reverting back to the Animal Husbandary Department did not arise. According to this order it was obligatory on the part of the petitioners to opt for I.C.A.R. service. It is this order which has been impugned by the petitioners in the present writ petition.