SIRI KISHAN JINDAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The sole controversy in this writ petition is, whether the seniority of the Kanungos posted in different districts of Haryana State for promotion to the posts of Naib Tehsildars would be determined on the basis of Rule 12 of the Punjab Kanungo Service Rules, 1945 (hereinafter referred to as the Rules) as applicable to the State of Haryana from the date of their substantive appointment in district wise cadre or it should be governed by the continuous length of service as Kanungos serving in different districts irrespective of the dates of their confirmation, as per instructions issued in the year 1974 by the then Commissioner of Hissar Division.

(2.) In brief, the factual matrix of the case is that the petitioner was confirmed as Kanungo in District Hissar under Rule 12 of the above-referred Rules with effect from 4.4.1969, whereas Respondents 4 to 15 serving in Districts of Mohindergarh, Gurgaon, Sirsa were confirmed later on in point of time, but these respondents were given preference in promotion to the posts of Naib Tehsildars/vis-a-vis the petitioner on the ground of their continuous length of service. The grouse of the petitioner is that departmental instructions cannot dislodge the mandate contained in Rule 12 of the statutory rules in the matter of seniority of the Kanungos inter se from the date of their substantive appointment as such. On other words, the case of the respondents is that although the seniority of Kanungos inter se in every district is governed by Rule 12 of the Rules from the date of their substantive appointment, but through departmental instructions, Commissioners of concerned Divisions are ignoring the spirit of this Rule by providing that continuous length of service of Kanungos serving in different districts should be considered for determining their inter se seniority for the purpose of their promotion to the posts of Naib Tehsildars.

(3.) In the return filed by Shri Yogeshwar Sahal, Commissioner, Hissar Division on behalf of Respondent 1 to 3, the above-referred circular of the Commissioner, Hissar Division, in the year 1974 regarding determination of seniority in intra district cadres of the Kanungoas being governed by the continuous length of service was justified stating that in some districts junior officials are confirmed earlier in view of the vacation of permanent vacancies, but in other districts some time a senior official having more continuous length of service is not confirmed due to non availability of a permanent vacancy.