SANDEEP SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution prays for declaring notification dated 05.08.2011 issued by Haryana State Pollution Control Board-respondent No.2 (for brevity 'Board'), which is based on impugned letter dated 16.05.2011 (P-14) as ultra vires of the Constitution. The grievance made by the petitioner is that the category of Computer Operator, which was earlier eligible or consideration for promotion to the post of Deputy Superintendent has been deleted blocking the avenues of promotion for them.

(2.) Brief facts of this case which has led to filing of the instant petition are that the petitioner was promoted as Computer Operator on 23.03.1997 in the Board. He has been assigned duties with the Member Secretary of Board-respondent vide order dated 22.02.2008 and also he worked as PA to President, Appellate Authority of the Board-respondent in addition to his own duties. On 5.03.2004 (P-7), the Board decided to create new posts which were duly sanctioned by respondent No.1. It is clarified in the Annexure-B appended to the sanction letter that the cadre of Deputy Superintendent would be considered as the diminishing cadre. The new Regulations known as Haryana State Pollution Control Board (Group A, B, C and D) Service Regulations, 2004 (for brevity 'the 2004-Regulations') were enforced on 05.10.2004 (P-8). According to the 2004 Regulations, for promotion to the post of Superintendent, the feeder cadre of Deputy Superintendent with two years' service in the Board has been made eligible. The feeder cadre for promotion to the post of Deputy Superintendent was Assistants/Accountant/Computer Operators (provided Computer Operators have undertaken 1/3rd ministerial work) with seven years' service in the Board.

(3.) On 02.05.2006, the Board decided to amend the Service Regulations by providing promotional avenues for Assistants/Accountants/Computer Operators (subject to the condition that the Computer Operators have undertaken 1/3rd ministerial work) with nine years' experience, for promotion to the post of Superintendent. This was required to be done on account of the fact that the cadre of Deputy Superintendent has been diminishing cadre and had almost vanished. The Board forwarded these recommendations for approval of the State of Haryana on 02.05.2006 (P-9). On account of the fact that the proposal sent by the Board was not being considered by the State Government, CWP No. 20254 of 2010 was filed, which was disposed of on 15.11.2010 with a direction to take decision on the proposal sent on 02.05.2006 (P-12). On 16.05.2011 (P-14), the State of Haryana accorded partial approval to the proposal sent by the Board. The category of Computer Operator was deleted from the feeder cadre for promotion to the post of Superintendent. The petitioner along with another Computer Operator represented the respondent-State for providing promotional avenues to the Computer operator like the petitioner to the post of Superintendent. The respondent-State sought recommendation from the Board respondent, which again recommended vide letter dated 30.05.2011 (P-17) that the Computer Operator should be clubbed with the cadre of Assistant/Accountant for promotion to the post of Superintendent. Eventually the amendment in the 2004 Regulations was published in the gazette on 05.08.2011 (P-19), which excluded the cadre of Computer Operator.