CHANDER PRAKASH Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) The petitioner has sought quashing of the order dated Sept. 17, 1986, passed by respondent No.3 as Deputy Speaker, Haryana Vidhan Sabha, where by the order of premature retirement of Shri Satvir Singh Ahlawat, respondent No.4, dated Dec. 12, 1985, was withdrawn and he was re- instated as Deputy Secretary Haryana Vidhan Sabha with retrospective effect; the order dated Sept. 18, 1986, ordering reversion of the petitioner from the post of Joint Secretary to his former post of temporary/officiating Deputy Secretary Haryana Vidhan Sabha and promoting respondent No.4 as Joint Secretary; and the office order dated Aug. 14, 1986 passed by Shri Tara Singh, the then Speaker, Haryana Vidhan Sabha, authorising respondent No.3, who was then Deputy Speaker, to perform all the functions to Speaker on his behalf, in this petition under Articles 226/227 of the Constitution of India.

(2.) Reference to relevant facts is necessary to resolve the disputed question raised in this writ petition:

(3.) The petitioner was appointed as a Personal Assistant (Gazetted) to the Speaker of the Patiala and East Punjab States Union (for short, the PEPSU) Legislative Assembly on June 1, 1954. On the reorganisation of the erstwhile State of PEPSU, he was allocated to the composite State of Punjab. Thereafter, on the reorganisation of the composite State of Punjab on Nov. 1, 1966, he was allocated to the State of Haryana and he continued to discharge his duties as Personal Assistant (Gazetted) to the Speaker, Haryana Vidhan Sabha. He was promoted as Private Secretary on June 26, 1967, Accounts Officer on Nov. 13, 1978, Under Secretary on March 16, 1979, Deputy Secretary on June 9, 1982 and Joint Secretary on Aug. 16, 1985. Respondent No.4 was working as Deputy Secretary, Haryana Vidhan Sabha. On attaining the age of 50 years, he was prematurely retired from service in terms of Rule 5.32-A and note thereunder of the Punjab Civil Services Rules, Vol.II as applicable to the State of Haryana, by order dated Dec. 12, 1985 passed by the Speaker, Haryana Vidhan Sabha. His retirement was to become effective w.e.f. March 12, 1986 (A.N.), i.e. three months after the date of order of his premature retirement. He filed representation against the order of premature retirement, which was rejected by the Speaker. Sh. Tara Singh was elected as the Speaker of Haryana Vidhan Sabha on June 24, 1982 and he continued as such till July 9, 1987. He went abroad to attend the Common Wealth Parliamentary Conference and before going, he authorised by his order dated Aug. 14, 1986 Sh. Ved Pal, respondent No.2, the then Deputy Speaker to perform functions on his behalf. Respondent No.4 submitted a representation dated Sept. 16, 1986 to the Deputy Speaker against the order of premature retirement dated Dec. 12, 1985. The same was received by the Deputy Speaker on Sept. 17, 1986 and decided on the same day. Respondent No.3 by his order dated Sept. 17, 1986 withdrew the order of premature retirement dated Dec. 12, 1985 and reinstated respondent No.4 in service as the Deputy Secretary with retrospective effect. Sh. Satvir Singh Ahlawat was allowed to join duty on the same day i.e. Sept. 17, 1986(A.N.) itself. Respondent No.4 filed another representation dated Sept. 18, 1986 against his reversion from the post of Joint Secretary to the post of Deputy Secretary, Haryana Vidhan Sabha. The representation was accepted on the same day by respondent No3 and respondent No.4 was ordered to be reinstated as Joint Secretary on regular basis with retrospective effect acquiring pecuniary and service benefits. The petitioner, who was posted as temporary Joint Secretary was reverted to his former post as temporary/officiating Deputy Secretary with immediate effect. The order dated Sept. 17, 1986 withdrawing the order of premature retirement of respondent No.4 dated Dec. 12, 1985 and the order dated Sept. 18, 1986 revoking the order of reversion of respondent No.4 from the post of Joint Secretary to the post of Deputy Secretary dated July 25, 1984 and promoting him as Joint Secretary on regular basis with retrospective effect are alleged to be without any legal sanction.