SUDAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as a Steno-typist on 11.8.1978 in the office of the Deputy Commissioner, Jhajjar and was promoted as Assistant on 24.3.1992 on which post he is working since then. The conditions of service for the post of Assistant Superintendent (R&R) are governed by statutory rules called as Haryana Revenue Department (District Subordinate) Group C Service Rules, 1988, (hereinafter referred to as "the Rules"). Rule 9 of the Rules provides the method of recruitment to the said post which reads as under :-

(2.) Three posts of Assistant Superintendents (R&R) became available in Jhajjar District. According to the petitioner, these three posts ought to have been filled up from the feeder cadre of the Deputy Commissioner's office. The Financial Commissioner and Secretary to the Government of Haryana, Revenue Department, issued a circular dated 20.6.1994, clarifying that the promotion to the post of Assistant Superintendent (R&R) in the District should be filled only from the District and strictly as per Rule 9(2) of the Rules. The petitioner who claims to be eligible for promotion to the said post was not promoted and consequently he filled a writ petition in this Court, which was disposed of by a Division Bench vide order dated 15.1.2001. The representation of the petitioner filed in furtherance thereto on 20.8.2002 was rejected vide order of the respondents dated 13.3.2001, copy of which is annexed to the writ petition as Annexure P/4. The Commissioner, Rohtak Division, while rejecting the claim of the petitioner concluded as under :-

(3.) In fact, in the meanwhile, respondent No. 4 Shri Vidya Nand was promoted to the post of Assistant Superintendent (R&R) on 22.6.1998 as the authorities did not find any merit in the claim of the petitioner.