SURINDER PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners who are 57 in number, were appointed as Clerks in the Haryana Civil Secretariat, purely on adhoc basis between the period August 1978 to March, 1979. The names of all the petitioners having been registered with different Employment Exchanges in the State of Haryana, were sponsored by the said Exchanges. It was after the written test was held that the Chief Secretary Haryana who is the Appointing Authority of the Clerks under the Punjab Civil Secretariat (State Services Class III) Rules, 1952, issued the appointment letters. It may be observed here that when these appointments were made the posts of Clerks, i.e. Class III posts were within the purview of the Subordinate Services Selection Board (hereinafter called the 'Board') vide Notification dated 3.1.1983 issued by the Haryana Government in exercise of the powers conferred by proviso to Article 309 of the Constitution of India and other enabling provisions the Governor of Haryana excluded from the purview of the 'Board', such class III posts of Clerks as had been held, for a minimum period of two years on 15th September, 1982 by adhoc clerks who were to be regularised if they fulfilled certain other conditions under the Notification. In this Notification, Clause (vi) reads as under:-

(2.) In pursuance of the above Notification, an order was issued on 14.1.1983, Annexure P/7 regularising the services of the petitioners as Clerks w.e.f. 15.9.1982.

(3.) Respondents No. 3 to 9 were appointed/promoted as Clerks on regular basis after the petitioners had been appointed on adhoc basis, but before 15.9.1982 i.e. the date from which the petitioners services were regularised as Clerks. The said respondents were confirmed vide order dated 20.1.1987, Annexure P/5 w.e.f. various dates given in the orders. In the Gradation list issued in the year 1987, the petitioners were shown junior to the respondents. This writ petition was filed asking for following reliefs:-