GURKEERAT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment disposes of Civil Writ Petition Nos. 1679, 1521 and 1568 of 1985 since common questions of law and facts arise for determination therein. In these writ petitions under Articles 226/227 of the Constitution of India, the petitioners have impugned the order of reversion passed by respondent No. 1 reverting them from the post of Training Officers (Female) H.A.S. Class-II in the Agriculture Department to the post of Mukhya Sevika Class-III and then promoting them as Lady Circle Supervisors in the Development and Panchayats Department of the State of Haryana.

(2.) Reference to relevant facts has been made from the pleadings in C.W.P. No. 1679 of 1985. The petitioners originally joined the Government service as Mukhya Sevika Class-III in the Development Department of the erstwhile State of Punjab on October 1, 1956 and July 3, 1956, respectively. They were confirmed on these posts in the year 1964. On the reorganization of the erstwhile State of Punjab, they were allocated to the State of Haryana. Posts of Training Officers (Female) were created in Haryana Agriculture Service Class-II (for short, HAS Class-II). These posts were administrative posts under the statutory rules known as Punjab Agriculture Service (Class-II) Rules, 1974, as applicable to State of Haryana (for short, the Rules). There are two categories of posts under these Rules. Under one head, the posts of research, teaching and engineering fall while under the other category, administrative posts fall. The petitioners and some other Mukhya Sevikas were selected by Respondent No. 1 for appointment as Training Officers (Female) by transfer on ad hoc basis for a period of six months or till the posts are filled by the candidates recommended by the Haryana Public Service Commission (for short, the Commission), whichever is earlier, vide order dated May 24, 1971. The petitioners were appointed Training Officers (Female), HAS Class II, in the Agriculture Department on regular basis by respondent No.1 by an order No. 714-Agr. I (I)-80/5078, dated April 9, 1980. The decision to appoint them as Training Officer (Female) in HAS Class II by transfer was taken by the Council of Ministers, after consulting the Commission. The petitioners qualified the departmental examination of accounts with credit as required under rule 10 of the Rules and notification to this effect was issued by the Agriculture Department of September 15, 1975. The Governor of Haryana framed the rules known as Haryana Agriculture Service (Group 'B') Rules, 1982 (for short, the 1982 Rules). The purpose of farming these Ruled was to fill up the gaps created by 1947 Rules. 1982 Rules have not yet been published in the Haryana Government's Official Gazette, but these are being followed by the department. Under these 1982 Rules, there are specific posts of Training Officers (Female) and 36 other categories of posts in the administrative cadre. The petitioner fulfilled the requisite qualification prescribed for the post of Training Officers (Female) in 1982 Rules. The Agriculture Department passed orders reverting the petitioners and others to the Development Department. The Commissioner and Secretary to Government, Haryana, Development and Panchayat Department, Chandigarh by an order dated February 22, 1985, promoted the petitioners and others as Lady Circle Supervisors. The post of Lady Circle Supervisor is not a Class II post. The pay scale of Mukhya Sevika is Rs. 525-800, whereas that of Lady Circle Supervisor is Rs. 750-1450 and that of Training Officers (Female) HAS Class II is Rs. 800-1600. As observed earlier, the petitioners have impugned their reversion as Training Officers (Female), HAS Class II, from the Agriculture Department to the post of Mukhya Sevikas in the Development Department and thereafter their promotion as Lady Circle Supervisors in the latter Department in these writ petitions.

(3.) Written statement has been filed on behalf of respondent Nos. 1 and 2. The principal defence taken is that in the year 1969-70, a Centrally Sponsored Scheme titled "Scheme for Integrated Training and Education of Farmers" (hereinafter referred to as the Scheme) was introduced in the State of Haryana and certain temporary posts of Training Officers (Female) with specific duties and qualifications were sanctioned under that Scheme. As per Item No. III of Appendix 'A' to the Rules, Government has the powers to classify any post in connection with the scheme sanctioned by the State Government/Central Government/Commodity Committees, etc. The posts of Training Officers (Female) were ex-Cadre posts with separate set of qualifications and experience, which were prescribed by the State Government vide its Memo No. 2969-Agri. I(1)-76/10031, dated May 7, 1976. The posts of Training Officers (Female) were not filled from the existing HAS Class-II Officers because the latter were not eligible on account of specific nature of duties requiring specific qualifications for the post of Training Officers (Female). The posts of Training Officers (Female) were ex-Cadre posts and were not interchangeable with the existing administrative posts in H.A.S. Class II. The posts of Training Officers (Female) were declared by the Government vide memo No. 2570-Agri. 1(2)-83/7400, dated May 18, 1983, as administrative posts in terms of item No. III of Appendix 'A' to the Rules. Mere declaration of the posts of Training Officers (Female) as administrative will not mean that the incumbents of the posts of Training Officers (Female) can claim that their posts were inter-changeable with other administrative posts in H.A.S. Class II. The petitioners cannot claim that they were given seniority over and above other HAS Class II officers who joined or were promoted to HAS Class II after the date shown against the names of the petitioners in the government order dated May 6, 1982. The order of seniority given to the petitioner and other Training officers (Female) in the government order dated May 6, 1982 has no bearing on the inter se seniority of other HAS Class II officers. The posts of Training Officers (Female) being ex-Cadre posts, this order determines the inter se seniority of the petitioners and other Training Officers (Female) alone. 1982 Rules have not been notified and the government is not following these Rules. When the draft rules of 1982 were prepared, the Scheme was in operation. The Scheme had been abolished with effect from March 31, 1985 and there are no other posts in other schemes of the Agriculture Department with these sets of qualifications for which the petitioners would be eligible. The petitioner do not fulfil the qualification for other administrative posts in HAS Class II even in the proposed 1982 Rules. Since the petitioners had a lien on the post of Mukhya Sevikas in the Development Department, they were rightly reverted to their parent Department on the closure of the Scheme.