RAJESH KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The post of Inspector (Legal Metrology) is governed by the provisions of the Haryana Food and Supplies Department (Legal Metrology) Sub Office (Group-C) Service Rules, 2001 read with Appendix-'B'. The post can be filled either by direct recruitment or by promotion. The rule lays down that a person appointed to the post of Inspector (Legal Metrology) shall have to successfully complete the basic training course at the Indian Institute of Legal Metrology established by the Central Government under Section 76 of the Standards of Weights and Measures Act, 1976 before he is considered for confirmation to the post. We are not concerned in this case with promotion to the post of Inspector (Legal Metrology). Rule 7 lays down as follows:-

(2.) The post of Assistant Controller (Legal Metrology) fell vacant on 01.11.2008. This is a Group-B post and is governed by the provisions of another set of rules known as the Haryana Food and Supplies Department (Group B) Service Rules, 1998. This post is a promotional post not open to be filled by direct recruitment. Promotion to this post is prescribed through two modes; first, from amongst Inspectors (Legal Metrology) who possess 10 years experience and second by way of transfer or deputation as have 10 years experience as Inspector (Legal Metrology), the feeder cadre post. The petitioner asserts that he has completed the basic training course laid down in the rules for confirmation as Inspector (Legal Metrology) in July 1996 from the Indian Institute of Legal Metrology, Ranchi. By order dated 18.06.2003 he was confirmed on the post w.e.f. 16.08.1996. He is eligible and qualified for promotion to the next higher post. The Departmental Promotion Committee then met to consider promotion to the post of Assistant Controller (Legal Metrology) and recommended the names of respondent Nos.4 and 5 and declined to recommend the name of the petitioner for promotion. It is not disputed that respondent Nos.4 and 5 are senior to the petitioner in the feeder cadre.

(3.) Aggrieved of being ignored for promotion, the petitioner approached this Court by filing CWP No.20029 of 2008 claiming that he was the only qualified candidate for the post and his grievance of nonpromotion required to be redressed. The petition was disposed of by order dated 25.08.2009 with the following operative directions:-