CAPT. J.S. CHAUHAN Vs. GOVERNMENT OF HARYANA

JUDGEMENT

(1.) Petitioner averred that the cadre of Assistant Secretaries and of Secretaries is one. They have some pay scales. The selection grade is granted after taking into consideration the entire strength of Assistant Secretaries and Secretaries as one cadre. Only grievance is that in view of above facts, no direct recruitment can be made to the post of Secretary, which in fact is a designation that one acquires only an account of seniority.

(2.) Learned counsel for the respondents has emphatically argued, though the Assistant Secretaries and Secretaries carry same pay scale yet they are on separate cadres.

(3.) I find no force in the submission of the learned counsel for the respondents. The argument has been only noted to be rejected. No material on the record has been produced or even brought to my notice from which it can reasonably be inferred that the cadre of Assistant Secretaries and Secretaries are two different cadres though they may be having same pay scale. In view of the undisputed facts as narrated above, I can venture to hold that the cadre of Assistant Secretaries and Secretaries is one cadre and within the cadre the person in seniority holding the post is loosely designated as Secretary, particularly keeping in view of the fact of selection grade being granted after taking into consideration the entire strength of Assistant Secretaries and Secretaries as one cadre. Nothing has been pointed out that separate seniorities of Assistant Secretaries and Secretaries are maintained. There is neither anything on the record or in rules nor was pointed out, that the recruitment for the posts of Assistant Secretaries or Secretaries is from different sources.