SHAM SINGH MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) The six petitioners in these three writ petitions Nos. 1594, 2500 and 2693 of 1994 have been ordered to be reverted from the posts of Accountant-B to those of Cashier (A/clerk), the orders of reversion have been passed on the ground that the respondent-Federation has abolished certain posts. The petitioners complain that the respondent has passed the impugned orders without finalising the seniority list and in violation of the Staff Service Rules. They further point out that number of persons junior to them have been retained on the higher posts and that even the quota rule has been clearly violated. The respondent-Federation contests these petitions. A brief resume of facts as apparent from Civil Writ Petition No. 1594 of 1994, to which counsel for the parties have made a reference, may be noticed.

(2.) The four petitioners in this case were initially appointed as. Clerks/Cashiers. Vide order dated May 25, 1981 the petitioners were promoted as Assistant Accounts/Assistants. A copy of this order is at Annexure P-1. The names of the petitioners appear at Sr. Nos. 2,6,11 and 17 respectively. It is averred that 50 percent posts of Assistants are reserved for promotion from amongst the Clerks/Cashiers and the remaining 50 percent have to be filled up by direct recruitment. On posting of an Assistant Accounts in the field, he is described as Accountant-B, but if he is posted in the Head office, he is designated as an Assistant/Assistant Accounts.

(3.) On November 15,1989, the respondent- Federation issued a tentative seniority list of Assistants working in the Head office. While the names of four persons who had been promoted along with the petitioners (Sr. Nos. 5, 9,10, 16) were mentioned in the list, the names of the petitioners were not included. The petitioners aver that they submitted representations dated January 17,1990 and January 9,1991. According to the petitioners, the respondents - Federation has neither decided the representations "nor has any seniority list of Assistant Accounts/Accountant-B ever been circulated in the office of District/Area offices of CONFED."