RAM PHAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Through the present petition, the petitioner seeks promotion to the post of Clerk from the date his juniors have been promoted. The uncontroverted facts, which have emerged from perusal of the record and the arguments raised at the bar are that on 28.09.1993, the petitioner was appointed as a Class -IV employee. Vide order dated 28.11.1997, he was adjusted against a vacant post of Lab Attendant. In the order of such adjustment, it was specifically stipulated that the petitioner, as a Lab Attendant, would be considered on deputation and that his lien would continue to be on the Class -IV post previously held by him. In the year 2006, on the declaration of the posts of Lab Attendants to be surplus, through order dated 20.12.2006, the petitioner was adjusted as a Clerk on temporary basis. It is this post that the petitioner holds till date, on temporary basis.

(2.) As per the Haryana Education Department, Sub -Offices, Ministerial (Group -C) Service Rules, 1983 (hereinafter referred to as 1983 Rules), 20% of the posts of Clerks are to be filled up from Group -C employees, whose scale of pay is less than of Clerks and Group -D employees, who are matriculate, on the basis of seniority -cum -fitness. These rules were amended in the year 1998, but even after the amendment, the provision with regard to promotion to the posts of Clerks, as referred to above, remained the same.

(3.) As observed earlier, the petitioner was appointed as a Class -IV/Group -D employee on 28.09.1993 and till date, the substantive post that he holds is that of a Group -D employee. It is true that on 28.11.1997, he was adjusted as a Lab Attendant, and then as a Clerk, but the fact remains that the substantive post that he held and continues to hold till date, is that of a Class -IV/Group -D employee. This is for the reason that when he was adjusted as a Lab Attendant, it was specifically mentioned in the order of such adjustment that his lien would continue to be on the post that he held earlier i.e. Class -IV/Group -D post. Later, when posts of Lab Attendants were rendered surplus, he was adjusted as a Clerk, but that too was an adjustment on temporary basis. Thus, till date, the petitioner substantively holds a Gass -IV/Group -D post.