VIJAY KUMAR YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners who are working as Tehsildars claim a right to be considered for promotions to the administrative service of the Haryana cadre from the feeder source which is generally constituted of the various officers such as Under Secretary,Deputy Secretaries, Sub Divisional Officers, Secretary Regional Transport Authority, Executive Magistrate(Tehsildar), Deputy Principal Secretary to the Chief Minister, Additional Deputy Commissioner etc. Four sources of appointment are provided as per Rule 8 of the Haryana Civil Service (Executive Branch) Rules, 2008 (hereinafter referred to as the 2008 Rules) which may be extracted here below:-

(2.) The rules further clarify the manner of entering the names of persons in these Registers. Rule 9 of the said rules provides for the process of selection of candidates of Register A-I, rule 10 provides for the process of selection of candidates of Register A-II, while Rules 11 to 13 provide for the process of selection of candidates of Register-B and Rule 14 provides for the process of selection of candidates of Register-C.

(3.) The controversy in brief is the claim of the petitioners on an interpretation placed by them on Rules 9(1)(a)(i). A perusal of Rule 9 extracted above mandates that Financial Commissioner and Principal Secretary to the Government of Haryana by a date to be determined by the Government, prepare a list of District Revenue Officers/Tehsildars not more than five times of the number of vacancies and submit the same for the consideration of a Committee constituted of Chief Secretary as the Chairman and two such other officers as its members which may be nominated by the Government from time to time. The names would be drawn out from persons who have completed '8 years continuous government service'. The word 'Government' is defined in Rule 2(C) to mean the Government of Haryana in the Administrative Department. The word 'Service' has been defined in Rule 2(F) to mean the Haryana Civil Service (Executive Branch).