L.R. BAHMANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this common order, we shall be disposing of two writ petitions bearing CWP No.242 of 1999 titled as "L.R. Bahmani and others Vs. State of Haryana and others" and CWP No.5479 of 1999 titled as "Zile Singh and others Vs. State of Haryana and others", however, the facts are being extracted from CWP No.242 of 1999 for convenience.

(2.) In CWP No.242 of 1999, the challenge is to the Rule 9(1)(b)(ii) of the Haryana Excise and Taxation Department (Group B) Service Rules, 1988 (for short 'the Rules 1988) which envisages promotion from amongst Assistants and Senior Scale Stenographers (Ministerial Staff) to the rank of Assistant Excise and Taxation Officer being unreasonable, arbitrary and violative of Article 14 of the Constitution of India and also for the issuance of writ in the nature of mandamus directing the respondents to have one common seniority list of Excise and Taxation Inspectors for the purpose of promotion to the post of Assistant Excise and Taxation Officers.

(3.) As per the pleadings, the service conditions of Excise Inspector and Taxation Inspector is governed by the Haryana Excise and Taxation Inspectors (State Service Class-III) Rules, 1969 (for short 'the 1969 Rules'). According to Rule 5 of the 1969 Rules originally 66/2/3% of the posts of Taxation Inspectors and Excise Inspectors were to be filled up by way of direct recruitment and 33/1/2% by way of promotion from the Ministerial staff of the Excise and Taxation Department. These Rules have been amended from time to time and by notification issued on 5.6.1988, Rule 5 of the 1969 Rules has been amended which now provides 50% of the posts of Excise and Taxation Inspectors to be filled up by direct recruitment and another 50% by way of transfer of Assistants/Accountants/Senior Scale Stenographers/Junior Auditors/Head Clerks and Statistical Assistants. The condition of service of the posts of Assistant Excise and Taxation Officers (for short 'AETO') and that of Excise and Taxation Officers (for short 'ETO') are governed by the 1988 Rules. According to Rule 9 of the 1988 Rules, 33/1/3% of the posts of AETO were to be filled by direct recruitment whereas 50% by way of promotion amongst Taxation Inspectors whereas 10% by way of promotion from amongst the Excise Inspectors and 6.2/3% by way of promotion from amongst the Assistants and Senior Scale Stenographers. Rule 9 of the 1988 Rules is reproduced as under: -