LAWS(P&H)-2013-2-189

SETH SINGH Vs. STATE OF HARYANA

Decided On February 21, 2013
Seth Singh Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioners have challenged the validity of Rule 9(1)(b)(ii)(d) & (e) of the Haryana Development and Panchayats Department (Group B)Services Rules, 1988 (for short 'the 1988 Rules') and have also prayed for considering the claim of the petitioners for promotion as Block Development and Panchayat Officers (for short 'the BDPO') from the date when the private respondents were promoted on the basis of seniority-cum-merit and be granted all the consequential benefits.

(2.) The petitioners are the Head Clerks, who are senior to respondents No.2 to 4, who have been promoted prior to them as BDPOs. The service conditions to the posts of Assistants/Accountants/Head Clerks are governed by the Statutory Rules called Haryana Panchayats Department State Service (Group 'C') Rules, 1979 (for short 'the 1979 Rules') under which the posts of Head Clerks are filled up by way of promotion from amongst the Assistants/Accountants having five years of experience. The post of Assistant/Accountant is a lower feeder cadre post and post of Head Clerk is a higher promotional post and there is no provision to fill up the post of Head Clerk by direct recruitment. The relevant extract of Appendix 'B' of the 1979 Rules is reproduced as under: - <FRM>JUDGEMENT_3355_TLP&H0_2013_1.html</FRM>

(3.) According to the petitioners, pay scale for the post of Accountant/Assistant is Rs. 1400-2600, Head Clerk is Rs. 1640-2900 and BDPO is Rs. 2000-3500.