RAMJI DASS NAGPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed under Article 226 of Constitution of India for issuance of a writ in the nature of certiorari and for quashing decision taken by respondent No.1, communicated to the petitioner through respondent No.2 vide memo dated 26.11.1993 (Annexure P -3), whereby, it has been decided to fill up the vacancy in the cadre of Superintendent in the office of respondent No.3 on divisional basis instead of State level.

(2.) THE facts of the case as mentioned in the petition are that the petitioner initially joined office of Deputy Commissioner, Hisar as a Clerk in the year 1960 and thereafter was promoted as Assistant in the office of Commissioner, Hisar Division, Hisar in the year 1975 and further as Assistant Superintendent (R&J) in the office of respondent No.2 w.e.f 16.5.1986. The next promotion from the post of Assistant Superintendent (R&J) is to the post of Superintendent in the office of Commissioner which is governed by Statutory Rules framed by the State of Haryana under proviso to Article 309 of the Constitution of India known as The Haryana Revenue Department Divisional Subordinate (Group 'B') Service Rules, 1988 (hereinafter referred to as 'the Rules, 1988) notified in the official gazette on 11.7.1989. The case of the petitioner was recommended for promotion in the month of September, 1993 but subsequently he received a communication whereby it was informed that the post of Superintendent in the Divisional Commissioner office is a divisional cadre post which is to be filled up as per the Rules, 1988 from amongst the Superintendents of Deputy Commissioner's Office of the Division concerned and Assistant Superintendents, Personal Assistants to the Divisional Commissioner. It was also mentioned that no official can be promoted to the post who belongs to other Division.

(3.) THE petitioner along with others made representation but no action was taken and thereafter the present petition was filed. Learned counsel for the petitioner contends that the petitioner was eligible to be considered for promotion to the post of Superintendent but still he was not considered. The post of Superintendents in the office of Commissioner is of State Cadre and the Appointing Authority of the said post is the Government and accordingly that post can be filled up only on Divisional level by taking into consideration the incumbents of the feeder cadre of a particular Division as and when the vacancy was available. Learned counsel further submits that the decision which has been communicated to the petitioner is not only illegal but unlawful as well. The post of Superintendent is to be filled up on Divisional level and the impugned order is violative of Articles 14 and 16 of the Constitution of India as petitioner being senior most Assistant Superintendent in the State is eligible as per Rules and has been ignored by misinterpreting the Statutory Rules.