BAHADUR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS Bahadur Singh and others seek a writ in the nature of ceritorari to quash the order dated 9.11.1999 by virtue of which the petitioners have been reverted to their substantive post of Beldar.

(2.) THE facts alleged are that the petitioners were appointed on daily wages in the 1988. Thereafter, the services of petitioner No. 1 were regularised by the Executive Engineer w.e.f. 31.1.1996. The services of petitioners No. 2 and 3 were regularised w.e.f. 31.3.1993 and that of petitioner No. 4 w.e.f. 31.1.1996. The post of Work Supervisor/Work Inspector is filled up by way of promotion from Class IV employees i.e. Mortar Mates/Mates and Beldars who possess the qualification of matriculation. Seniormost are considered for promotion. These promotions were being made in the Division only. Their seniority list is also prepared at the Divisional level. Petitioner No. 1 belongs to Provincial Division, Charkhi Dadri, while petitioners No. 2 to 4 belong to Provincial Division, Bhiwani. Some posts were available to Provincial Division, Bhiwani, for promotion as Work Supervisor/Work Inspectors. On the basis of Divisional level seniority list, promotions have been made. Petitioner No. 2 to 4 were seniormost Mate/Baldars in their Division. The Superintending Engineer sought information from the Executive Engineer and it was certified that there was no person senior to petitioners No. 2 to 4 in the Division. After verifying this position, petitioners No. 2 to 4 were promoted as Work Supervisor/Work Inspectors and they have been so working since March, 1998. Similarly, petitioner No. 1 who is stated to be the seniormost in his Division was promoted on 9.2.1998 as Work Supervisor.

(3.) IN the written statement filed, petition as such has been contested. It has been pointed out that seniority list prepared at the Provincial Division level was not according to Rules. The appointing authority is the Superintending Engineer. There was no justification to make promotion of the petitioners on the basis of Division Level seniority list. It is also asserted that the petitioners cannot claim seniority on the basis of Division level seniority as a matter of right.