RENU SHARMA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THE petitioner is aggrieved by an order passed by Director General, Higher Education, Haryana, Panchkula, annexure P -4 which is reproduced hereunder: -

(2.) GRIEVANCE of the petitioner is that respondent No. 4 had filed a writ petition No. 23010 of 2011 with a grievance that Mrs. Renu Sharma, (Petitioner) had been arbitrarily declared senior to him. The said writ petition was dismissed vide judgment dated May 24, 2012. Dr. Vijay Gupta, respondent No. 4 preferred an LPA No. 1371 of 2012 which is listed for hearing on December 13, 2013. Grievance of the petitioner further is that despite the claim of respondent No. 4 regarding seniority having been rejected vis   -vis the petitioner vide judgment dated May 24, 2012 which holds the field till date, the Director General, has with one line order set aside the decision dated May 24, 2012 which is subject matter of LPA.

(3.) RESPONDENTS have filed separate written statements referring to Rule 9(1) of Haryana Affiliated Colleges (Security of Service) Rules, 2006, hereinafter referred to as '2006 Rules', to contend that the seniority of the employees shall be determined by length of continuous service on a post in the college and if there are different cadres in the service, the seniority shall be determined separately for each cadre. It has been claimed by the respondents that as per the 2006 Rules, the categories of Lecturers in Physical Education and other employees are different and seniority list of all the categories are to be prepared separately as such these cannot be merged. So far as the decision in CWP No. 23010 of 2011 titled Vijay Gupta Vs. State of Haryana and others, decided on May 24, 2012 is concerned, it has been averred that fixation of seniority is an administrative matter and needs administrative intervention whenever there is contravention to the statutory rules. It appears that the representation of respondent No. 4 dated July 19, 2013 (annexure R -2 -2) has been made basis for passing the impugned order by the Director General.