RAJ MAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order we are disposing of 14 connected petitions of which details have been given in schedule 'A' appended to the judgment because almost identical facts have been set out in these petitions and a common question of law has been raised for determination by the Court.

(2.) Petitioners were appointed as conductors/Adda Conductors in the service of Haryana Roadways. In the year 1989, the Government took a decision to convert 852 posts of Adda Conductors into that of Sub Inspectors. Thereafter different officers of the department issued orders from time to time promoting the petitioners on the post of Sub Inspectors on temporary basis. We may make reference to one of such orders issued on 21.2.1990 for promotion of 26 Adda Conductors to the post of Sub Inspectors. After the petitioners had worked for about 2 years or more, order dated 4.12.1992 (Annexure P-2) in C.W.P. No. 16492 of 1992 came to be issued for reversion of the petitioners. On the same date, another order annexure P-3 (in C.W.P. No. 16492 of 1992) was issued by the Transport Commissioner, Haryana for promotion of other persons as Sub Inspectors. In some other cases, orders of reversion were issued on 18.1.1993. Petitioners have challenged their reversion on the ground that when they had been promoted as Sub Inspectors on temporary basis, service record of their seniors had been looked into by the authorities and the more fact that there has been subsequent improvement in the record of senior Adda Conductors/Conductors, it was not open to the authorities of the Roadways to revert them to the lower posts.

(3.) Respondents have filed replies in C.W.P. No. 16335 of 1992 and C.W.P. No. 2076 of 1994. Stand taken by the respondents is that purely ad hoc and temporary promotion had been given to the petitioners. Their promotions were clearly subject to review after the finalisation of inquiries pending against senior persons and after the inquiries pending against the senior persons were finalised, order for their promotions had to be issued. This automatically necessitated reversion of the petitioners.