ASHOK KUMAR Vs. STATE OF HARYAN AND OTHERS

JUDGEMENT

(1.) THE petitioner by virtue of the instant petition prays for the issuance of a writ in the nature of certiorari for quashing the order dated 3.4.1991 (Annexure P -4) by which respondents 3 and 4 were promoted as Assistants ignoring the claim of the petitioner who claims that he was senior to the said respondents. With the efflux of time, however, it may not be necessary for this Court to examine the question of negating this annexure altogether, since respondents No. 3 has since retired and respondent No. 4 is on the verge of retirement and the petitioner has also been promoted with effect from 3.11.1993. The only surviving claim therefore, is regarding the benefit of promotion being given to the petitioner as an Assistant with effect from the date when his juniors were promoted.

(2.) THE petitioner was appointed as a Clerk in the Directorate of Agriculture, Haryana with effect from 14.7.1988 initially on temporary basis. The Directorate of Agriculture was bifurcated into two wings, the break -away Department being the Directorate of Horticulture. In 1990, some of the employees including the petitioner were transferred to the Department of Horticulture.

(3.) THE next post for promotion from the post of Clerk was that of an Assistant and as per rules governing the promotion, the promotion was to be made from amongst senior clerks in their respective office who have proved their fitness for appointment to the post. For the purpose of reference, the relevant portion of the rule is extracted here below: -