JAGAR SINGH, ASSISTANT SUPDT. (R&R) O/O SUB DIVISIONAL OFFICER, (CIVIL) REWARI, DISTRICT REWARI Vs. STATE OF HARYANA THROUGH ITS SECRETARY, REVENUE DEPARTMENT, HARYANA, CIVIL SECRETARIAT, CHANDIGARH

JUDGEMENT

(1.) The petitioners have filed the present Civil Writ Petition under section (Article ) 226 of the Constitution of India for the issuance of a writ in the nature of mandamus for issuing a direction to the respondents to fill up the posts of Assistants which had fallen vacant on July 18, 2000 in accordance with rules applicable at that time. Further prayer has been made for the issuance of a writ of certiorari to quash the conditions imposed in the orders dated November 18, 1998 and December 13, 1999 (appended as Annexures P/1 and P/2 to the petition) whereby petitioner No. 1 has been given the current duty charge of the pose of Assistant Superintendent (R&R) in his own pay scale of Assistant i.e. Rs. 5000 - Rs. 7850/- and petitioner No. 2 has been posted as Assistant Superintendent (R&R) on a vacant post in his own pay scale.

(2.) The case set up by the petitioners is that whereas petitioner No. 1 was appointed as a Clerk on May 15, 1973 and his services were regularised as such on February 8, 1977, he was promoted as an Assistant in the month of June, 1994 and even was appointed as Assistant Superintendent (R&R) on November 19, 1998. Petitioner No. 1 joined the aforesaid post on November 22, 1998 and is continuing as such without any interruption. Similarly petitioner No. 2 was appointed as a Clerk by way of direct recruitment on the recommendations of Subordinate Service Selection Board, Haryana on November 18, 1971 and was promoted as Assistant on July 11, 1990 and he was appointed as Assistant Superintendent (R&R) in his own pay scale on December 13, 1999 and is continuing thereupon without any interruption since then. The service conditions for the post of Assistant Superintendent (R&R) in the Deputy Commissioner's Office, where the petitioners are working, are governed by the statutory rules called the Haryana Revenue Department, District Subordinate (Group-C) Service Rules, 1988 (hereinafter referred to as the "Rules"). It is the case of the petitioner that in accordance with the aforesaid statutory rules, the post of Assistant Superintendent (R&R) was required to be filled up by way of promotion from Assistants on the basis of their seniority from amongst themselves working in the Deputy Commissioner's office. On August 18, 2000 and August 22, 2000 certain amendments/additions were made in the Rules. Whereas under the original rules the promotion to the post of Assistant Superintendent (R&R) were to be made from amongst the Assistants working in the Deputy Commissioner's office, now under the amended rules the aforesaid promotions were to be made from amongst the Assistants in Commissioner's or Deputy Commissioners' offices of a Division.

(3.) The petitioners state that one post of Assistant Superintendent (R&R) fell vacant on April 30, 1998 due to the retirement of Shri Khushi Ram, Assistant Superintendent (R&R) and the other post fell vacant on May 7, 1999 due to the death of Shri Arjun Singh, Assistant Superintendent (R&R).