MISS KAMLA KHANNA Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution has been filed by one Miss Kamla Khanna claiming seniority as a clerk in the office of the Engineer-in-Chief, P.W.D. (B&R Branch), Haryana, challenge herein is in fact made to the seniority list of clerks as it stood on April 1, 1984 on the ground that the petitioner is entitled to her seniority from the date when her name was recommended for appointment by the Subordinate Services Selection Board (for short, 'the Board'). She also claims other consequential benefits including promotion.

(2.) Petitioner was appointed as a clerk on ad hoc basis on Sept. 24, 1971 in the office of the Engineer-in-Chief, PWD (B&R Branch), Haryana, Chandigarh (hereinafter called 'the Head Office'). Thereafter, the Board advertised some posts of Clerks in different office including the Head Office. Petitioner applied for one of the posts and after interview she was selected and recommended for appointment as per letter of the Board dated Aug. 9, 1973 addressed to the Chief Engineer in the Head Office. In terms of the recommendation of the Board the petitioner was appointed as a regular clerk in the office of the Superintending Engineer, Construction Circle, PWD (B&R Branch), Haryana, Chandigarh (referred to hereinafter as 'the Sub-office') as per letter dated Oct. 5, 1973. As she was earlier working on ad hoc basis in the Head Office, the Additional Chief Engineer in that office relieved her w.e.f. Oct. 5, 1973 (F.N.) so as to enable her to join in the sub-office. After joining the sub office on 5.10.1973 she continued working there till Feb., 1976. While working in the sub office she had some time in the year 1974 requested the Chief Engineer to accommodate her as a Clerk in the Head Office. She was thereafter transferred to the Head Office as per order dated 1.12.1975 but she actually joined her duty on Feb. 13, 1976. This order reads as under:-

(3.) The above transfer is subject to the approval of S.S.S. Board, Haryana;