MAHENDER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THE petitioner was appointed by direct recruitment to serve as a Clerk in the Department of Prosecution in the year 1989 on the recommendation of the Subordinate Staff Selection Board, Haryana. He joined the post on 4.3.1991 in the office of District Attorney, Kaithal. A tentative gradation list of officials in Group -C service in the Prosecution Department was circulated on 1.1.2002, in which, the petitioner's name figures at Serial No. 11 below Shalender Singh in the list titled: "70 temporary posts of Clerk in the scale of Rs. 3050 -75 -3950 -EB -80 -4590" while private respondent No. 4 figured at Serial No. 29, below him. Aggrieved by placement in the gradation list, respondent No. 4 filed objections against it. The petitioner states that objections were filed.

(2.) ON 1.6.2008, another tentative gradation list was circulated inviting objections from persons likely to be affected. The petitioner's name now figured at Serial No. 16 while the name of respondent No. 4 figured at Serial No. 2 below Shalender Singh. These names were shown under the head: "88 temporary posts of Clerk in the scale of Rs. 3050 -75 -3950 -EB -80 -4590".

(3.) ON notice of motion having been issued, the State has filed a reply. It is stated therein as under: -