R K GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment four Civil Writ Petitions (No. 2805, 3696, 4823 and 4965 of 1981) are being disposed of as common questions of facts and law are involved. The main judgment is prepared in Civil Writ Petition No. 2895 of 1981. In two of the writ petitions (Nos. 2805 and 3606) the impugned orders are the same, i.e. notification dated May 22,1971 Annexure P/2 and letter dated June 1,1981, Annexure P-4 in Writ Petition No. 2805 and Annexure P-7 in Writ Petition No. 3696. 2. The matter relates to fixation of seniority of the members' of the service constituted under Haryana Services of engineers Class II Public Works Department (Building and Roads Branch) Rules and thereafter fixation of seniority in service constituted under Haryana Service of Engineers Class I Public Works Department (B&RBranch) Rules. The petitioners in these writ petitions and the private respondent/respondents were recruited as temporary Assistant Engineers Class II erstwhile State of Punjab through the Public Service Commission, the Punjab Service of Engineers Class II Public Works Department (B&R Branch) Rules, which were subsequently applied to Haryana also, (hereinafter to be called as "the Class II Rules") came into force on February 11, 1965. On enforcement of these rules the seniority of the members of the service i.e. the Assistant Engineers already working, was to be determined in accordance with the rules given in appendix 'G'. As per allegations of the petitioners, after enforcement of the class II rules of 1965 the petitioners were found suitable for such service and were declared so likewise, whereas the private respondents namely P.P. Luthra and R.N. Jindal were not so declared. The erstwhile State of Punjab decided to terminate the services of these two persons. However, the orders could not be communicated before the reorganisation. The State of Haryana, to whom these persons were allocated, communicated the orders. Ultimately such orders were successfully challenged by Shri P.P.Luthra in the High Court. The State of Haryana after reorganisation again considered the cases of P.p. Luthra and R.N. Jindal and on the advice of the Public Service Commission held that they were suitable for induction in service Class II w.e.f. February 19,1965. This decision was taken on May 22, 1971, notification annexure P-2. Subsequently vide order dated June 1, 1981, it was decided to keep order dated may 22, 1971, in fact. Thus, in these two writ petitions (Nos. 2805 and 3696) the petitioners, who were placed junior to P.P. Luthra and R.N. Jindal, challenged the orders aforesaid. They also made a grouse that unless this matter of fixation of seniority of Class II Service is determined, fixation of seniority of members in Class I service could not be finalised. 3. Since the petitioners and others were promoted from time to time during this period, the question of fixation of seniority in class I service also cropped up. Order dated October 15, 1981, (Annexure P-11 in Civil Writ petition No. 4823) was passed under Rule 8(9) of the Punjab Service of Engineers Class-I, Public Works Department (B&R Branch) Rules, 1960, as applicable in Haryana, in consultation with the Haryana Public Service Commission, finding P.P. Luthra as suitable for appointment to the Haryana Service of Engineers class I, w.e.f. December 2, 1970. It is on this basis that P.P. Luthra's seniority in Class I service is determined that L.R. Pawa and others have challenged the same in this writ petition (No. 4823) alongwith making challenge to the orders dated May 22, 1971 and June 1, 1981, already referred to above in the other writ petitions. 4. In the fourth writ petition (No. 4965) S.L. Dhupar and K.L. Munjral also challenged the order dated October 15, 1981, Annexure P-10. It is in this manner that all the four writ petitions are being disposed of. 5. In Civil Writ Petition No. 2805/1981 State of Haryana filed the reply, broadly admitting the facts as already narrated above. It was stated that after reorganisation, the State Government constituted a Screening Committee for deciding the question of suitability of P.P. Luthra and R.N. Jindal in their meeting dated November 20,1970, on the basis of the recerd upto the end of the financial year 1969-70. Both these persons were adjudged to be suitable. The Public Service Commission also gave their approval on April 20, 1971. The State Government issued notification on May 22, 1971, appointing both of them to Class II service w.ei. February 19, 1965, i.e. the date of formation of the service. It is further mentioned that the Public Service Commission raised an issue with respect to the date i.e. February 19,1965, as such matter was not referred to the Commission. Subsequently the State Government took a decision on June 1,1981, holding that the matter decided vide notification dated May 22,1971, was to be kept intact, similar stand has been taken up by the private respondent P.P. Luthra in his reply. On behalf of the petitioners, replication was filed. 6. Since similar pleas were taken by the parties in the other cases, it is not considered appropriate to refer to the same. 7. On On enforcement of the Punjab Service of Engineers Class II Public Works Department (B&R Branch) Rules, 1965, the question of determination of seniority of the persons already in job was to be decided in accordance with the rules given in Appendix 'G' as provided under Rule 3, the rules in the Appendix 'G' read as under:-