RAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present Civil Writ Petition under 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.

(2.) Certain facts may be noticed.

(3.) The case set up by the petitioner is that he was appointed as a Clerk and joined as such on November 14, 1990 with the State of Haryana. The service conditions for the post of Clerk in the Deputy Commissioner's office where the petitioner is working are governed by the statutory rules called the Haryana Revenue Department, District Subordinate (Group-C) Service Rules, 1998 (hereinafter referred to as the "Rules"). It is the case of the petitioner that in accordance with the aforesaid statutory rules, the posts of Assistants were required to be filled up by way of promotion from Clerks/Steno-typists on the basis of their seniority from amongst the Clerks/Steno-typists 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 Assistants were to be made from amongst the Clerks/Steno-typists working in the Deputy Commissioner's office, now under the amended rules the aforesaid promotions were to be made from amongst the Clerks/Stenographers in Commissioner's or Deputy Commissioner's offices of a Division.