BALI SINGH VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appointment of respondent No. 4 as Director, Haryana State Seed Certification Agency (for short, 'the Agency') is an issue in this writ petition wherein initially the petitioner had made a prayer for issue of a direction to the respondents to consider his case for promotion to the post of Director, but subsequently in his replication dated 28.3.1994, filed in the context of reply of respondent No. 3, a prayer for quashing of appointment of respondent No. 4 has also been made.

(2.) The respondent-Agency was established on 31.10.1975 in view of the provisions contained in Section 2 of the Seeds Act, 1966. It is a body controlled and managed by the Government of Haryana and Commissioner-cum- Secretary to the Government of Haryana, Agriculture Department, is its Chairman. The Agency started actual functioning w.e.f. 1.9.1976. Initially, its staff was taken on deputation from the Agriculture Department of the Government of Haryana. Petitioner, who had joined service in the Agriculture Department of the Government of Haryana as Technical Assistant in the year 1971 continued to work in the department till the creation of the Agency. On and with effect from 31.10.1975, the petitioner started working in the respondent-Agency. With effect from 1.9.1976, he was taken on deputation. In the year 1977, he was selected for appointment as Seed Certification Assistant (subsequently re-designated as Seed Certification Officer) and was appointed as such vide order dated 3.6.1977 of the Director of the respondent-Agency. In the year 1982, he was selected for appointment as Chief Seed Certification Officer in the service of the respondent-Agency and was appointed on that post vide order dated 10.10.1982, issued by the Director. At that time the petitioner possessed the academic qualification of M.Sc. (Agriculture) from Meerut University. The committee which selected the petitioner consisted of the following officers :

(3.) After his selection, the petitioner was subjected to medical examination, where he was declared to be partially colour blind, but was still treated as fit for appointment looking to the nature of the duties. Having served the respondent-Agency for last almost 18 years, including on deputation for almost one year, the petitioner claims that he is entitled to be promoted as Director of the respondent-Agency. His plea is that by completely overlooking his candidature for promotion as Director of the respondent-Agency, the respondents decided to fill this post by appointing an officer of the Agriculture Department on deputation and in fact respondent No. 4, who is working as Additional Director in the Agriculture Department, has been posted on deputation on the post of Director of the respondent-Agency. Petitioner's assertion is that right from the date of creation of the Agency in the year 1975, officers of the Agriculture Department have occupied the post of Director on deputation and once again an officer of the Agriculture Department has been foisted on the Agency without considering the claim of its own employees, including the petitioner, who happens to be the senior-most officer in the service of the Agency. Petitioner's plea is that appointment of respondent No. 4 as Director of the respondent-Agency is contrary to the provisions contained in Haryana State Seed Certification Agency Service Rules, 1979 (for short, 'Rules of 1979') as well as Articles 14 and 16 of the Constitution of India. He has pleaded that the State Government has no right to appoint an officer on the post of Director of the respondent Agency and, therefore, appointment of respondent No. 4 is without jurisdiction. It has also bee pleaded by the petitioner that total exclusion of employees of the respondent-Agency is contrary to the doctrine of 'equality'.