MAM CHAND Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner was appointed as Peon on 29.12.1971 under the Excise & Taxation Department, State of Haryana. He qualified the matriculation examination in the year 1987. Vide order dated 27.8.1991 petitioner was promoted to the post of Clerk.

(2.) In the instant writ petition challenge is to the order dated 12.8.1993 (Annexure P-4), whereby the petitioner along with some other employees had been reverted to his original post i.e. Taxation Peon.

(3.) Learned counsel for the parties have been heard. The post of Clerk under the respondent-department is governed by the statutory rules called the Haryana Excise & Taxation Department Subordinate Offices Ministerial (Group-C) Service Rules, 1981. Rule 9 governs recruitment to the service. In the case of Clerks the modes of recruitment have been stipulated as (i) by direct recruitment (ii) by promotion from amongst Group-D and Group-C employees whose scale of pay is less than that of a Clerk provided that not more than 20% of the posts shall be filled by such method and (iii) by transfer or deputation of an official already in the service of any State Govt. or Govt. of India. Furthermore, as per Appendix 'B' to the rules, the academic qualifications and experience for appointment by way of promotion to the post of Clerk are possession of 5 years experience as Group-D employee and having passed matriculation or its equivalent.