CHANDER MANI Vs. HARYANA STATE

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition Nos. 13034,13035 and 13122 of 1989. The seven petitioners herein are aggrieved by the orders dated October 9,1989 by which they were ordered to be reverted to their parent departments. The facts, as evident from the record of C.W.P. No. 13034 of 1989, may be briefly noticed.

(2.) The Chief Secretary to Government of Haryana issued a circular letter dated December 28, 1987 to all Heads of Departments of Haryana Government, Commissioners and Deputy Commissioners informing them that the Government had decided to fill up certain posts of Clerks (Typists) in the Haryana Civil Secratrial by transfer "from amongst the experienced and efficient Clerks of other offices of the Haryana State. All such employees should have been recruited through the Subordin-date Services Selection Board, Haryana and they should possess the prescribed qualifications.............." The Heads of the Departments etc. were requested to "recommend the names of such willing employees for appointment as a Clerk in the Haryana Civil Sect, by transfer............". Another circular to the same effect was issued vide letter dated March 29,1988. In response to these circulars, the three petitioners opted for transfer of their services as Clerks to the Haryana Civil Secretariat. It may be noticed that petitioner No. 1 was working as Clerk in this Court since 1982 and petitioner Nos. 2 and 3 were employed as Clerks in the Haryana Vidhan Sabha Secretariat, since the year 1985. The petitioners were considered and selected. As a result they were appointed as Clerks in the Haryana Civil Secretariat on transfer basis. A copy of the letter of appointment dated June 9, 1988 sent to the Registrar of this Court appointing petitioner No. 1 has been produced as Annexure P 1. In this letter it was inter alia mentioned that the "inter se seniority of the officials being appointed on transfer basis will be determined on the basis of length of their continuous regular service in the parent Deptt." In pursuance to this communication, the petitioners were relieved and they joined their respective posts of Clerks in the Civil Secretariat. Subsequently, the State Government made a reference to the Subordinate Services Selection Board, Haryana for approval of the appointments. It appears that the Board refused to approve these appointments on the ground that the High Court and the Vidhan Sabha Secretariat were not the departments of the Government. Consequently, they could not have been appointed by transfer. On this premises, the State Government decided to revert the petitioners to their parent departments. The orders of reversion have been impugned in these petitions. The orders of reversion passed on October 9, 1989, ^rmexures P. 4 and 5 have been impugned in these petitions on various grounds which shall be presently noticed.

(3.) A written statement has been filed on behalf of the respondents. It has been inter alia averred that the appointment by transfer to the posts of Clerks in the Haryana Civil Secretarial can only be made in accordance with the provisions of Rule 6 of the Punjab Civil Secretariat (State Service Class HI) Rules, 1952, (hereinafter referred to as 'the Rules'). The said provision permits appointment of Clerks by transfer "from among officials employed in departments of Government other than the Civil Secretariat..........." Since the petitioners were not working in the departments of Government, they were not eligible to be appointed. The mistake came to the notice of the Government only when the Board declined to accord their approval vide letter dated August 11,1989. As a consequence, the orders of reversion were passed.