VIJENDER SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) While serving as a Canal Patwari in the Irrigation Department, Haryana, the petitioner applied for appointment by transfer on the post of Clerk in the same Department. It is the common case that on 03.12.2007 the Irrigation Department, Haryana invited applications from subordinate offices to fill up the post of Clerk by way of transfer. The petitioner was successful in the selection process that followed and he was offered appointment. He accepted the offer and joined as Clerk on 14.01.2008. He completed the maximum period of probation of three years prescribed under the rules.

(2.) On 04.10.2011 the Government of Haryana speaking through the Financial Commissioner & Principal Secretary to Govt. Haryana, Irrigation Department addressed a memo. to the Engineer-in-Chief, Irrigation Department, Haryana, Panchkula in response to the latter's proposal for confirming the petitioner as Clerk found in his wisdom pointing to the following shortcomings in the initial appointment of the petitioner as Clerk by way of transfer and recommended that the change of cadre of the petitioner from Patwari to the ministerial cadre in the Head Office was ipso facto bad and liable to be set aside and all actions subsequent to absorption stood vitiated as they flow from an illegal and perverse order dated 14.01.2008 (P-1) permitting change of cadre by the then General Manager, Haryana Irrigation Department, Sinchai Bhawan, Panchkula. The three lacunas recited in the memo. read:-

(3.) The General Manager, Irrigation was advised by the impugned memo. dated 04.10.2011 (P-2) to restore the status quo ante but after issuing show cause notice and affording personal hearing to the petitioner. It was in these circumstances that the Engineer-in-Chief, Irrigation Department, Haryana issued the impugned show cause notice dated 03.11.2011 (P-3) to the petitioner for withdrawing the order dated 14.01.2008 and restoring the status quo ante.