SATYAVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard. The petitioner was a part of the recruitment process initiated by the Haryana Staff Selection Commission for filling up 662 posts of Clerks. The petitioner remained successful in the selection made on 15.10.1989. Since there were large number of posts of Clerks to fill up the vacancies existing in various departments, the name of the petitioner was recommended in the Social Welfare Department, Haryana. However, it was a fortuitous circumstance that there was no post available in the department recommended. Since there were other candidates left in the same quandary, the matter was litigated and finally the issue went up to the Supreme Court which was resolved on 18.8.1998 with a direction to recommend the names of the candidates where the posts were found lying vacant. This is how the petitioner's name was recommended to the Treasury and Accounts Department, Haryana where he joined on 22.1.2000.

(2.) Rule 12 of the Haryana Finance Department Treasury (Group-C) Service Rules, 1980 lays down that the seniority of Clerks has to be determined in order of merit determined in the same selection. The seniority according to merit was denied to the petitioner. Aggrieved, he filed CWP No. 7061 of 2009 which was decided on 24.9.2009. This Court directed as follows:--

(3.) The respondents were directed to follow Rule 12 and to re-fix the seniority within 6 months. After considerable and contemptuous delay, the respondents passed an order dated 21.4.2010 assigning the correct seniority position to the petitioner according to his original merit determined in the selection process. A consequential order was passed granting promotion to the petitioner from the date his junior was promoted with retrospective effect from 1.3.2008 as Assistant but his seniority was fixed notionally and so also his pay with effect from 1.3.2008.